State v. Fleer’s Empirical Analysis

Citation profile

40 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is axiomatic that a trial judge must not indicate by his comments or questions his opinion of evidence in the case. The standard for examining the conduct of the trial judge is whether the trial court’s conduct is such as to prejudice the minds of the jury against defendant thereby depriving defendant of a fair and impartial trial. A defendant is entitled to absolute impartiality by the trial judge. There is no error as long as the trial judge does not express an opinion as to the nature, content or truthfulness of the evidence.”

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

2. “When an objection is made to proffered evidence and that objection is sustained, the proponent must make an offer of proof in order to preserve the matter for appellate review. State v. Bounds, 785 S.W.2d 586, 590 (Mo.App.1990). An offer of proof must demonstrate the relevancy of the testimony offered, must be specific, and must be definite. State v. Dagley, 793 S.W.2d 420, 423 (Mo.App.1990). Usually, a proper offer of proof entails questions to a witness on the stand. Id.”

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