93 Ohio App. 3d 257 - State v. Kelly’s Empirical Analysis
1994
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently January 2025
19 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Blakemore v. Blakemore · State v. Jenks · Berger v. United States · Darden v. Wainwright · State v. Long
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In reviewing allegations of prosecutorial misconduct, it is our duty to consider the complained-of conduct in the context of the entire trial. [Citation omitted.] We have been continually reminded by reviewing courts that a trial is similar to an arena of combat where our adversarial system generates both tension and turmoil during trial. State v. Stephens (1970), 24 Ohio St.2d 76 , * * *, and where trials cannot be `squeezed dry of all feeling.' State v. Keenan (1993), 66 Ohio St.3d 402 , 409 , * * *. It is conceded the prosecutor may `strike hard blows, [but the prosecutor] is not at liberty to strike foul ones.' Berger v. United States (1935), 295 U.S. 78 , 88 * * *. State v. Kelly (1994), 93 Ohio App.3d 257 , 266-267.”
1 later decision quote this exact passage“The test for prosecutorial misconduct is whether the prosecutor's comments and remarks were improper and if so, whether those comments and remarks prejudicially affected the substantial rights of the accused. State v. Lott (1990), 51 Ohio St.3d 160 , 165 , certiorari denied (1990), 498 U.S. 1017 . In reviewing allegations of prosecutorial misconduct, it is our duty to consider the complained of conduct in the context of the entire trial. Darden v. Wainwright (1986), 477 U.S. 168 .”
1 later decision quote this exact passage“In order to review this assignment of error, we must look at the testimony of Nurse McCleery as a whole. The first inquiry is whether Nurse McCleery was involved in the diagnosis and/or treatment of a medical condition and was not serving as an evidence collector or making a case for the prosecution.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.