Gamble v. State’s Empirical Analysis

Citation profile

6 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. “The purpose of jury instructions is to inform the jury of the law applicable to the facts without misleading the jury and to enable it to comprehend the case clearly and arrive at a just, fair, and correct verdict. In reviewing a trial court's decision to give a tendered jury instruction, we consider (1) whether the instruction correctly states the law, (2) is supported by the evidence in the record, and (8) is not covered in substance by other instructions. The trial court has discretion in instructing the jury, and we will reverse only when the instructions amount to an abuse of discretion. To constitute an abuse of discretion, the instructions given must be erroneous, and the instructions taken as a whole must misstate the law or otherwise mislead the jury. We will consider jury instructions as a whole and in reference to each other, not in isolation.”

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

2. “Invited errors are not subject to appellate review, and a party therefore may not invite error, and then subsequently argue that the error requires reversal.”

   1 later decision quote this exact passage
   e.g. Alain Kiiwon Powell, Jr. v. State of Indiana

3. “error at first sight, on first appearance, or on the face of it.”

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