State v. Clark’s Empirical Analysis

Citation profile

4 federal appellate · 2 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Movant’s trial counsel opened the door when he presented his theory of the case during his opening statement. It was proper for the state to present evidence which might supply a reason for the victim’s silence. Here, the testimony relating to acts of violence was limited to incidents either witnessed by the victim or incidents which were close enough in proximity for her to overhear. Movant’s trial counsel knew this evidence was responsive to his theory of the case. Any objection would have been meritless. Counsel is not considered ineffective for failing to make a nonmerito-rious objection.”

   1 later decision quote this exact passage
   e.g. Clark v. Groose

2. “Generally evidence of other crimes is not admissible to prove the criminal character of a defendant. Such proof is admissible, however, if it has a legitimate tendency to establish guilt. Evidence of other crimes is, therefore, competent to establish motive, intent, absence of mistake or accident, a common scheme or plan or the identity of the person charged with the crime.”

   1 later decision quote this exact passage
   e.g. Clark v. Groose