State v. Debler’s Empirical Analysis

Citation profile

6 federal appellate · 82 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 91 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[b]ecause no jury or judge has previously determined a defendant’s guilt for uncharged criminal activity, such evidence is significantly less reliable than evidence related to prior convictions. To the average juror, however, uncon-victed criminal activity is practically indistinguishable from criminal activity resulting in convictions, and a different species from other character evidence.”

   5 later decisions quote this exact passage
   e.g. State v. Smith · Glass v. State

2. “The Rule 29.07(b)(4) proceedings are not a critical stage of the criminal justice system. Proceedings under Rule 29.07(b)(4) are effectively a ‘preliminary hearing,’ on ineffective assistance of counsel,, for post-conviction relief. The rule restricts the trial court to a narrow determination: whether probable cause exists to believe defendant received ineffective assistance of counsel. This proceeding does not replace an evidentiary hearing under Rule 29.15(h), where a movant is typically represented by counsel under Rule 29.15(e). In a Rule 29.07(b)(4) proceeding, the court limits itself to examining the defendant as to specific complaints and determining whether such complaints demonstrate probable cause that counsel was ineffective.”

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

3. ““[T]he State made several arguments based on history and the Bible, which were problematic. First, the State invoked these references; then the defense put a ‘spin’ on them, and then the State twisted them again in rebuttal. The end result turns argument into one of competing theologies and histories, obscuring the instructions of the court. The decision between life and death should not turn on the most compelling Scriptural parallel or the best historical analogy. Because the sentence is being reversed on other grounds, this Court need not decide whether this constituted plain error; but both sides should avoid excessive Biblical and historical references.” Id.”

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