Barker v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “After the jury has been subjected to considerable expert testimony about defendant’s long propensity to seek sexual gratification through violence, a primary force in his life, it would hardly be surprising if the ordinary juror found enormous difficulty in ascertaining and assessing this past conduct solely by reference to fact evidence from the past. Given the intended effect of the expert opinion propensity evidence, the reliability of any jury determination that the past non-sexual crime was in fact sexually motivated is called profoundly into question.”

   1 later decision quote this exact passage · from the dissent
   e.g. In RE the Detention of Paul Michael Blaise Paul Michael Blaise

2. “The trial court never made any determination regarding the admissibility of the prior bad act evidence. Therefore, we find that the issue is not preserved for appellate review.”

   1 later decision quote this exact passage
   e.g. 922 So. 2d 1013 - Tolbert v. State

3. “[t]he court in furtherance of convenience or to avoid prejudice may order a separate trial of any ... separate issue or of any number of claims... or issues.”

   1 later decision quote this exact passage · from the dissent
   e.g. Valliappan v. Cruz