State v. Gutierrez’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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A statement admitting guilt and implicating another person, made while in custody, may well be motivated by a desire to curry favor with the authorities and hence fail to qualify as against interest.... On the other hand, the same words spoken under different circumstances, e.g. to an acquaintance, would have no difficulty in qualifying.”

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

2. “[H]earsay evidence used to convict a defendant must possess indicia of reliability by virtue of its inherent trustworthiness, not by reference to other evidence at trial.”

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

3. “federal and state courts have regularly admitted statements to acquaintances under the penal interest exception to the hearsay rule.”

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