117 Wash. 2d 521 - State v. Mitchell’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. “The court. . . should grant a severance of defendants whenever: (i) if before trial, it is deemed necessary to protect a defendant’s rights to a speedy trial ... or (ii) if during trial upon consent of the severed defendant, it is deemed necessary to achieve a fair determination of the guilt or innocence of a defendant.”

   2 later decisions quote this exact passage
   e.g. 75 Wash. App. 128 - State v. Alsup · 123 Wash. 2d 467 - State v. Dent

2. “1. Was there an apparent motive for declarant to lie? 2. What was the declarant's general character? 3. Did more than one witness hear declarant's statement? 4. Was the statement made spontaneously? 5. Did the timing of the statements and the relationship between declarant and witness suggest trustworthiness? 6. Does the statement contain an express assertion of past facts? 7. Did the declarant have personal knowledge of the identity and role of the crime's other participants? 8. Was the declarant's statement based upon faulty recollection? 9. Was the statement made under circumstances that provide reason to believe the declarant misrepresented defendant's involvement in the crime?”

   1 later decision quote this exact passage
   e.g. State v. McDonald

3. “1. Was there an apparent motive for declarant to he? 2. What was the declarant’s general character? 3. Did more than one witness hear declarant’s statement? 4. Was the statement made spontaneously? 5. Did the timing of the statements and the relationship between declarant and witness suggest trustworthiness? 6. Does the statement contain an express assertion of past facts? 7. Did the declarant have personal knowledge of the identity and role of the crime’s other participants? 8. Was the declarant’s statement based upon faulty recollection? 9. Was the statement made under circumstances that provide reason to believe the declarant misrepresented defendant’s involvement in the crime?”

   1 later decision quote this exact passage
   e.g. State v. McDonald