State v. Powell’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"to obtain appellate relief from an alleged error that was not properly objected to, the appellant must show the following: (1) An error exists; (i) the error should have been obvious to the trial court; and (i) the error is harmful, i.e., absent the error, there is a reasonable likelihood of a more favorable outcome for the appellant, or phrased differently, our confidence in the verdict is undermined."”

   4 later decisions quote this exact passage
   e.g. State v. Casey · State v. Saunders

2. “that they should consider the lesser included offenses if they do not find the defendant guilty of the charged offense. While the difference in wording is subtle, it avoids any misunderstanding that the jury must, by unanimous vote, acquit the defendant on the charged offense before it may consider the lesser included offenses.”

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

3. “trial court is not to mandate a specific order of deliberation to the jury concerning lesser included offenses; rather, such instruction should be given by way of suggestion and recommendation.”

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