State v. Barbee’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[although [defendant] in committing the sex offenses displayed a dangerous instrument in a threatening manner ... the offense of armed criminal action requires proof of an element not required to prove forcible rape or forcible sodomy, namely, the use, assistance, or aid of a dangerous instrument or deadly weapon. Therefore, for purposes of sentencing, we consider the armed criminal action convictions “non-sex” offenses even though the underlying felonies consist only of sex offenses.”

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

2. “Error which may require reversal in a close case may be disregarded as harmless where evidence of guilt is strong. (Citation omitted). Assuming arguendo, that the testimony ... was improperly bolstered, evidence of McMillin’s guilt was otherwise established by strong evidence.”

   1 later decision quote this exact passage
   e.g. Anuhco, Inc. v. Westinghouse Credit Corp.