Foley v. State’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he standard of review that appellate courts must apply to lawyer misconduct during opening statements or closing arguments is whether the natural and probable effect of the improper argument is to create unjust prejudice . . . so as to result in a decision influenced by the prejudice so created.”

   2 later decisions quote this exact passage
   e.g. Sims v. State · 54 So. 3d 253 - Williams v. State

2. “When reviewing a finding of probable cause to issue a warrant[,] [an appellate court] does not make a de novo determination of probable cause, but only determines if there was a substantial basis for the magistrate's determination of probable cause.”

   1 later decision quote this exact passage
   e.g. John Bartholomew Lowe v. State of Mississippi

3. “The task of the issuing magistrate is simply to make a practical, common-sense decision based on all the circumstances set forth in the affidavit before him, including the veracity and basis of knowledge of persons supplying hearsay information.”

   1 later decision quote this exact passage
   e.g. John Bartholomew Lowe v. State of Mississippi