State v. Pickering’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Dying declarations are statements of material facts concerning the cause and circumstances constituting the res gestae of any of the following felonies to wit: homicide, rape, as rape is defined in subdivisions (3) and (4) of § 22-22-1, and abortion, as abortion is defined in § 22-17-1, made by the victim voluntarily while sane and under the fixed and solemn belief that his death is inevitable and near at hand. “In all prosecutions for the following felonies to wit: homicide, rape, as rape is defined in subdivisions (3) and (4) of § 22-22-1, and abortion, as abortion is defined in § 22-17-1, the dying declarations of the deceased, as defined in this section, are always admissible in evidence, provided the deceased would be a competent witness if living. “All such declarations are also admissible in behalf of the defense.””

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

2. ““ * * * [I]t is discretionary with the trial court as to whether or not a jury should be sequestered. The trial court did not abuse that discretion in the present case despite the publicity given the trial. The publicity was not inherently prejudicial or irresponsible and nowhere in the record is there any indication that the defendant was in fact prejudiced by it. Moreover, the trial court conscientiously admonished the jury on numerous occasions that they were not to listen to newscasts and that their verdict was to be based only on the evidence presented at the trial. As such, we will not disturb the trial court’s ruling on the matter in this appeal.” (emphasis supplied)”

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

3. “Instruments used in the commission of a crime are admissible as evidence only where there is proof connecting them with the defendant or the crime for which he is charged. * * * Although admissibility does not require proof positively showing the connection, there must be proof rendering the inference "reasonable" that the evidence was connected with the defendant or the crime charged. State v. O'Connor, 1969, 84 S.D. 415 , 172 N.W.2d 724 . Conversely, an instrument allegedly used in the commission of a crime should be rejected if the connection is too remote or conjectural.”

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