Turner v. State’s Empirical Analysis

Citation profile

49 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If the evidence, although not strictly admissible, is not of a character to damage the defendant, or as it has been otherwise expressed, if the court can clearly see that the error has not influenced the result, it is no ground for a new trial.” Draper v. State, 4 Bax. [ 63 Tenn. 246 ] 254; Wilson v. Smith, 5 Yerg. [ 13 Tenn. 379 ] 381, 409; Clark v. Rhodes, 2 Heisk. [49 Tenn.] 206; Maddin v. Head, 1 Lea [69 Tenn.] 664; McAdams v. State, 8 Lea [ 76 Tenn. 456 ] 463. “And ordinarily, when a prisoner’s guilt is made out clearly by positive testimony, it should be no ground for a new trial in this court that evidence was introduced which was not strictly admissible, if the court can see that the defendant was not prejudiced thereby.” McAdams v. State, 8 Lea, 464 .”

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

2. ““Truth is the object of every investigation in criminal as well as civil cases. The dying statement, being evidence, should be reproduced with the utmost fidelity possible. It is a universal rule that an original writing is always the best evidence. There is no reason why an exception should be made in a criminal case, and that the uncertain report of words from memory should be substituted for the absolutely correct record in writing. The dying declaration has-the sanction of an oath, and therefore the added oath- can give it no additional verity. Two men swearing to a statement may strengthen it, but one man swearing to it a second time cannot. ’ ’”

   1 later decision quote this exact passage
   e.g. Edmonds v. Commonwealth