State v. Gardner’s Empirical Analysis

Citation profile

1 federal appellate · 2 district · 71 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'the error is substantial and prejudicial such that there is a reasonable likelihood that in its absence, there would have been a more favorable result for the defendant.'”

   8 later decisions quote this exact passage · from the majority
   e.g. State v. Cummins · State v. Saunders

2. “.on the individual defendant and his [or her] acts ... not comparison with other criminals and their crimes. Each defendant is an individual, and each case is unique in its facts. Any attempt to draw broad comparisons between defendants or crimes calls for speculation as to why a particular defendant or crime was dealt with by that jury in that particular fashion. The many factors which may influence a jury's decision cannot be easily identified, let alone quantified.”

   4 later decisions quote this exact passage · from the majority
   e.g. State v. Carter · State v. Parsons

3. “[t]hat they must find the defendant not guilty of the charged offense before they may consider lesser included offenses. Instead, they may be instructed that they should consider the lesser included offenses if they do not find the defendant guilty of the charged offense. While the difference in wording is subtle, it avoids any possible misunderstanding that the jury must, by a unanimous vote, acquit the defendant on the charged offense before it may consider the lesser included offenses.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Powell · State v. Shumway