Wilson v. State’s Empirical Analysis

Citation profile

1 federal appellate · 62 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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “I have taken a very sacred oath, in my opinion, to see that justice is done in every case I prosecute. It is your duty — and in the last paragraph of this charge you can see — to see that justice is done in this case. [Defense Counsel] has no such oath, and what he wishes is that you turn a guilty man free. That’s what he wishes, and he can wish that because he doesn’t have the obligation to see that justice is done in this case.”

   3 later decisions quote this exact passage
   e.g. Abraham Linares v. State · Carlos Zambrano v. State

2. “In the instant case it is evident the prosecutor was intent upon informing the jury of the distinction he perceived between the oath of a prosecutor and the oath of a defense attorney. It is equally evident that the prosecutor sought to emphasize that such a distinction involved an obligation to ‘seek truth and justice.’ ... [T]he general public does not understand the concept that defense attorneys are under an ethical obligation to represent the accused regardless of their personal opinion as to the guilt of the accused.... [T]he State re-emphasized the argument after defense counsel objected, and thus compounded the prejudicial effect upon the jury.... [T]he trial judge twice overruled defense counsel’s objection to the State’s improper arguments, and by doing so further aggravated the harm [by putting] ‘the stamp of judicial approval’ on the improper argument.... [W]e are still unable to understand why a prosecutor would depart from the well established rules for proper jury argument. From the cases cited in part II. of this opinion, it is clear that the type of argument presented here has never been permitted. 938 S.W.2d at 61-62 .”

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

3. “(1) is violative of a statute; (2) injects a new and harmful fact into the case; or (3) is manifestly improper, harmful and prejudicial to the rights of the accused.”

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