Tinker v. State’s Empirical Analysis

Citation profile

1 federal appellate · 10 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"conceivable that a layperson on the jury could have easily construed the instructions as requiring the jury to determine whether Tinker was guilty of trafficking in cocaine, especially since the verdict form provided to the jury gave the jury two choices on count 1 — that the jury could find Tinker either guilty or not guilty of `trafficking cocaine, as charged in count one of the indictment.' (C. 183, R. 975.)"”

   4 later decisions quote this exact passage
   e.g. Franklin v. State · Bradford v. State

2. “"Testimony that is inadmissible may be rendered harmless by prior or subsequent lawful testimony to the same effect or from which the same facts can be inferred. McFarley v. State, 608 So.2d 430, 433 (Ala.Crim.App.1992). `The erroneous admission of evidence that is merely cumulative is harmless error.' Dawson v. State, 675 So.2d 897, 900 (Ala.Crim.App.1995)."”

   2 later decisions quote this exact passage
   e.g. Woods v. State · 974 So. 2d 1034 - Bedsole v. State

3. “"As stated in this case, this defendant is charged with the offense of felony murder, and this is what the law of Alabama says about felony murder. "A person commits the crime of murder if he commits robbery in any degree and in the course of the crime or in the furtherance of the crime or in the immediate flight therefrom that he is committing, he or another participant causes the death of another person. Therefore, in order to convict, the State must prove beyond a reasonable doubt the following elements: That the victim in this case is dead, number one; number two, that the defendant or another participant caused the death of the victim by, in this case, shooting him; number three, that in committing the acts which caused the death of the victim, the defendant or another participant was acting in the course of and in the furtherance of the crime of, in this case, robbery; and that in doing the acts which constituted the commission of the felony, in this case robbery, during the course of which or in the furtherance of which or in the immediate flight therefrom, the death of the victim was caused in this case by either the defendant or another participant. "A participant in the context of this offense is one who would be legally accountable either as being the one who procured, induced, or caused the act or the one doing the procuring, inducing, or causing of another to commit an offense, or aiding or abetting the commission of the offense, or in failing to make such effort”

   1 later decision quote this exact passage
   e.g. 952 So. 2d 1180 - Brooks v. State