United States v. Earles’s Empirical Analysis
113 F.3d 796 · 1997
Citation profile
13 federal appellate · 3 district · 2 state decisions
How this case has been cited
Cited by 31 later decisions — most recently August 2017 · most notably State v. Trujillo (2002), United States v. Papajohn (2000)
13 federal appellate · 3 district · 2 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 Ohio v. Roberts · Burks v. United States · Idaho v. Wright · Everett C. McKethan v. United States · United States v. Salerno
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A statement not specifically covered by Rule 803 or 804 but having equivalent circumstantial guarantees of trustworthiness, is not excluded by the hearsay rule, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (C) the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this exception unless the proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, the proponent’s intention to offer the statement and the particulars of it, including the name and address of the declarant.”
3 later decisions quote this exact passage · from the majority“We think that “specifically covered” means exactly what it says: if a statement does not meet the requirements for admission under a prior exception, then it is not “specifically covered” by that exception and can be considered for admission under the catch-all. We agree with the reasoning of the Eleventh Circuit: “If a statement does not satisfy all of the requirements of Rule 804(b)(1), then it is not a statement ‘covered by [one] of the foregoing exceptions’ within the meaning of Rule 804(b)(5). We consider admissible those statements that are similar though not identical to hearsay clearly falling under one of the four codified exceptions, if the statements otherwise bear indicia of trustworthiness equivalent to those exceptions. The contrary reading would create an arbitrary distinction between hearsay statements that narrowly, but conclusively, fail to satisfy one of the formal exceptions, and those hearsay statements which do not even arguably fit into a recognized mold.””
2 later decisions quote this exact passage · from the majority“if a statement is admissible under one of the hearsay exceptions, that exception should be relied on instead of the residual exception.”
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.