State v. Strong’s Empirical Analysis
1988
Citation profile
43 state decisions
How this case has been cited
Cited by 43 later decisions — most recently November 2018 · most notably State v. Reed (1993), Commonwealth v. Swinehart (1995)
43 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 Boyd v. United States · Kastigar v. United States · Fisher v. United States · Joint Anti-Fascist Refugee Committee v. McGrath · Murphy v. Waterfront Commission of New York Harbor
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he state must prove that such evidence was developed or obtained from sources or by means entirely independent of and unrelated to the earlier compelled testimony. The bar is against the prosecutorial use of any and all evidence that would not have been developed or obtained but for the compelled testimony. Consistent with the important interests to be served by these strict standards, we further hold that the burden of proof imposed on the State must be by “clear and convincing” evidence. No less a burden of proof will suffice to entitle the State to engage in a prosecution of a witness who has given earlier compelled testimony under a government grant of immunity.”
2 later decisions quote this exact passage · from the majority“[t]he key to understanding the scope of protection of the privilege under the Court’s analysis is its perception that it is the impermissible use of compelled testimony that is the object of the privilege’s protection. The privilege, in effect, mandates neutralizing the prosecutorial use of compelled testimony. [Id. at 590, 542 A.2d 866 .]”
2 later decisions quote this exact passage · from the majority“[t]his burden of proof ... is not limited to a negation of taint; rather, it imposes on the prosecution the affirmative duty to prove that the evidence it proposes to use is derived from a legitimate source wholly independent of the compelled testimony.”
2 later decisions quote this exact passage · from the majority
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.