Utsler v. State’s Empirical Analysis

Citation profile

4 federal appellate · 1 district · 38 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is now settled law that an in court identification by a witness to whom an accused was exhibited before trial without notice to and in the absence of counsel must be excluded unless it can be established that such evidence had an independent origin or that error in its admission was harmless.” 84 S.D. at 368-369 , 171 N.W.2d at 743 .”

   4 later decisions quote this exact passage
   e.g. State v. Bullis · State v. Iron Shell

2. ““No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his having been in such condition. But whenever the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time in determining the purpose, motive, or intent with which he committed the act.””

   2 later decisions quote this exact passage
   e.g. United States v. Jewett · Utsler v. Erickson

3. ““ ‘This provision does not create an absolute right to the appointment of an expert witness. It merely permits the appointment of such witness in a proper case. Whether the appointment is made is committed to the discretion of the court.’ ””

   2 later decisions quote this exact passage
   e.g. State v. Pickering · State v. Sahlie