Magee v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. how compellingly the extraneous evidence serves to make a fact of consequence more or less probable — a factor which is related to the strength of the evidence presented by the proponent to show the defendant in fact committed the extraneous offense; 2. the potential the other evidence has to impress the jury “in some irrational but nevertheless indelible way;” 3. the time the proponent will need to develop the evidence, during which the jury will be distracted from consideration of the indicted offense; 4. the force of the proponent’s need for this evidence to prove a fact of consequence, i.e., does the proponent have other probative evidence available to him to help establish this fact, and is this fact related to an issue in dispute.”

   2 later decisions quote this exact passage
   e.g. Graff v. State · Bradshaw v. State