Topic #7745

6 canonical passages across 4 cases, quoted by 47 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from State v. Sosa.

#	Case	Flag	Canonical passage	Citers
1	State v. Sosa Anchor nm · 2009	green	“(1) whether the statement invades some distinct constitutional protection; (2) whether the statement is isolated and brief, or repeated and pervasive; and (3) whether the statement is invited by the defense.”	14
2	State v. Allen nm · 1999	green	“prosecutorial misconduct rises to the level of fundamental error when it is so egregious and had such a persuasive and prejudicial effect on the jury's verdict that the defendant was deprived of a fair trial.”	12
3	State v. Barber nm · 2004	green	“cases with defendants who are indisputably innocent, and cases in which a mistake in the process makes a conviction fundamentally unfair notwithstanding the apparent guilt of the accused.”	8
4	State v. Sosa nm · 2009	green	“to find fundamental error, we must be convinced that the prosecutor's conduct created a reasonable probability that the error was a significant factor in the jury's deliberations in relation to the rest of the evidence before them.”	5
5	State v. Sosa nm · 2009	green	“we must be convinced that the prosecutor's conduct created a reasonable probability that the error was a significant factor in the jury's deliberations in relation to the rest of the evidence before them.”	5
6	State v. Torres nm · 2012	green	“meant to be 'useful guides' and that context is paramount”	3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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Topic #7745