State v. Barker’s Empirical Analysis

Citation profile

51 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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The State argues that there is nothing before this Court on which to predicate a reversal of the trial court, that having received this adverse ruling appellant should have proceeded with his case by taking the stand then raising the question if the State attempted to establish the prior conviction. We are in agreement with the position adopted by the State. First, the appellant is assuming that had defendant taken the stand the county attorney would have used the prior manslaughter conviction by attempting to impeach his credibility. Second, appellant is assuming that the trial court would have adhered to its initial ruling....”

   2 later decisions quote this exact passage
   e.g. State v. Allie · State v. Smyers

2. ““Appellant urges that the lower court erred in admitting a morbid photograph of the head of the deceased, arguing that the photograph was repetitious in that the matters depicted could be ascertained from other exhibits in evidence. The photograph established the location of the mortal wound, how death was inflicted and assisted the jury in understanding the testimony of the witnesses. It highlights evidentiary matters which cannot otherwise be found. Under the repeated decisions of this Court, its admission into evidence was a matter for the trial court to decide in the exercise of its discretion. It was properly admitted in evidence. See State v. Robinson, 89 Ariz. 224 , 360 P.2d 474 and Annot., 73 A.L.R.2d 769 ‘Admissibility of Photograph of Corpse’ etc.” 94 Ariz. at 386 , 385 P.2d at 518 .”

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

3. ““The appellant * * * complains of the trial court’s refusal to give certain requested instructions. Essentially these instructions relate to the law of self-defense. The principles embodied in them were fully covered by the court’s instructions on self-defense. The trial court should exercise caution in not emphasizing a particular part of a case out of proportion to the whole. State v. Jackson, 94 Ariz. 117 , 382 P.2d 229 (1963). It was not incumbent upon the court below to reiterate, enlarge or couch the law applicable in appellant’s language where the jury was fully and correctly otherwise instructed.” State v. Barker, 94 Ariz. 383, 388 , 385 P.2d 516 (1963).”

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