Brown v. State’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “extremely narrow, and applies only when the error constitutes a blatant violation of basic principles, the harm or potential for harm is substantial, and the resulting error denies the defendant fundamental due process.”

   3 later decisions quote this exact passage
   e.g. Sirajuddin Abdul Qadir v. State of Indiana (mem. dec.) · Delarosa v. State

2. “Although often phrased in terms of 'grave peril a claim of improper argument to the jury 'is measured by the probable persuasive effect of any misconduct on the jury's decision and whether there were repeated instances of misconduct which would evidence a deliberate attempt to improperly prejudice the defendant'”

   1 later decision quote this exact passage
   e.g. Lyles v. State

3. “Because Brown failed to request an admonishment or move for a mistrial when the trial court overruled his objection, his claim of prosecutorial misconduct is procedurally foreclosed and reversal on appeal requires a showing of fundamental error.”

   1 later decision quote this exact passage
   e.g. Poling v. State