Davis v. State’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A party waives an issue where the party fails to develop a cogent argument or provide adequate citation to authority and portions of the record.”

   3 later decisions quote this exact passage
   e.g. Brown v. State · In Re JV

2. “Fundamental error is error that represents a blatant violation of basic principles rendering the trial unfair to the defendant and thereby depriving the defendant of fundamental due process. The error must be so prejudicial to the rights of the defendant as to make a fair trial impossible. In determining whether a claimed error denies the defendant a fair trial, we consider whether the resulting harm or potential for harm is substantial.”

   2 later decisions quote this exact passage
   e.g. Taylor v. State · McClendon v. State

3. “In Elliott [v. State, 450 N.E.2d 1058 (Ind.Ct.App.1983)], the defendant was charged with involuntary manslaughter, but the jury instructions did not include an instruction on proximate cause. 450 N.E.2d. at 1063. The Elliott court declined to find that the omission constituted fundamental error because there was no question that the victim died as a result of the battery, and therefore, no prejudice had resulted from the omission. Id. at 1064-65 . In reaching this conclusion, the Elliott court relied upon several federal civreuit court cases as well as an early Indiana supreme court case. Id.; see United States v. Park, 421 U.S. 658, 673-74 , 95 S.Ct. 1903 , 44 L.Ed.2d 489 (1975) (stating that failure to instruct jury that defendant had the responsibility and authority to prevent or correct violation and failed to do so was not an abuse of discretion where jury could not have failed to be aware, based on the instructions as a whole and in context of the trial, that defendant's responsibility, and not his position, was at issue); see also Rokvic v. State, 194 Ind. 450, 457-58 , 143 N.E. 357, 359 (1924) (stating that omission of instruction that vehicle must be taken without owner's consent was not prejudicial to defendant where undisputed evidence established that stolen vehicle had been taken without owner's consent); see also Stafford v. State, 736 N.E.2d 326, 332 (Ind.Ct.App.2000) (concluding that trial court's failure to specifically instruct jury that State was required t”

   1 later decision quote this exact passage · from the dissent
   e.g. Taylor v. State