State v. Mowery’s Empirical Analysis
1982
Citation profile
44 state decisions
How this case has been cited
Cited by 46 later decisions — most recently September 2022 · most notably State v. Rahman (1986), State v. Brown (2007)
44 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Elkins v. United States · Trammel v. United States · United States v. Bryan · Stanton v. Stanton · DeHart v. Aetna Life Insurance
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Husband or wife shall not testify concerning a communication made by one to the other, or act done by either in the presence of the other, during cover-ture, unless the communication was made or act done in the known presence or hearing of a third person competent to be a witness, or in case of personal injury by either the husband or wife to the other, or bigamy, or failure to provide for, or neglect or cruelty of either to their children under eighteen years of age or their physically or mentally handicapped child under twenty-one years of age, or neglect or abandonment of such spouse under such sections. The presence or whereabouts of the husband or wife is not an act under this section. * *”
3 later decisions quote this exact passage“[t]he three offenses were not well-defined and separate, but rather, were overlapping and intertwined”
2 later decisions quote this exact passage““1. R.C. 2945.42 and Evid.R. 601 do not render the spouse of an accused incompetent to testify against the accused with respect to a crime committed against a third person, when such crime is part of one continuous transaction or happening which culminates in offenses against the third party and the spouse. “2. An accused may not assert a privilege under R.C. 2945.42 to preclude a spouse from testifying with respect to a crime committed against a third person, where the crime is committed in the known presence of such third person, as well as in the presence of the testifying spouse.””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.