Power v. State’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “During the week before trial, a police detective and the prosecutor visited and telephoned the house at which Randy Wheeler [the intended witness] lived and spoke with the owner of the house. Four days before trial, the police detective spoke to Randy Wheeler, who said that he would pick up his subpoena, but Wheeler did not do so. On the day before trial, the prosecutor spoke with Randy Wheeler’s employer and one of Randy Wheeler’s friends. And on the day of the evidentiary hearing, the police detective spoke with another of Randy Wheeler’s friends and telephoned local hospitals, jails, and law enforcement agencies. The state’s efforts to obtain Randy Wheeler’s presence at trial as a witness, outlined above, were minimal. . . . The state made absolutely no effort to contact Randy Wheeler’s relatives, neighbors, or co-employees. And the state made only nominal efforts to contact Randy Wheeler’s friends and employers. The fact that the state’s efforts to obtain Randy Wheeler’s presence at trial as a witness were so minimal, conjoined with the importance of Randy Wheeler’s testi mony, compel us to conclude that the state’s efforts were not sufficiently reasonable.”

   1 later decision quote this exact passage · from the majority
   e.g. Quillen v. State

2. “These factors include the importance of the witness' testimony in the prosecution's case, whether the testimony was cumulative, the presence or absence of evidence corroborating or contradicting the testimony of the witness on material points,... and, of course, the overall strength of the prosecution's case.”

   1 later decision quote this exact passage · from the majority
   e.g. Medina v. State

3. “Confrontation clause errors are subject to ... harmless error analysis.”

   1 later decision quote this exact passage · from the majority
   e.g. Medina v. State