Public-domain · open source
OpenJurist
← 122 Mont. 120 - State v. Allison

State v. Allison’s Empirical Analysis

1948

Citation profile

44
cited by 44 later decisions
4
states following
May 2006
most recently cited

44 state decisions

How this case has been cited

Cited by 44 later decisions — most recently May 2006 · most notably State v. Jensen (1969), State v. Fitzpatrick (1980)

44 state decisions

1601948195019601970198019902000decided

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 State v. Sims · Exchange State Bank v. Occident Elevator Co. · State v. Huffman · Koppang v. Sevier · State v. Gondeiro

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

  1. ““It is a difficult matter at best to ascertain the real state of mind of a prospective jnror with respect to detecting the existence of bias or prejudice against one accused of crime. For that reason this court has said (State v. Russell, 73 Mont. 240, 249 , 235 P. 712, 715 ) that the determination of the qualification of a juror to serve in a ease before the court ‘must be left largely to the sound discretion of the trial court.’ Again in State v. Huffman, 89 Mont. 194 , 296 P. 789, 790 , this court said: ‘* * * the trial court is the judge of the weight to be given to the testimony adduced on a voir dire examination.’ True, there are cases holding that when a witness has once admitted bias his subsequent statements that he can consider the evidence impartially should be viewed with caution. But granting the need for careful scrutiny of the testimony of a witness who has first said ‘no’ and then said ‘yes,’ it still remains the province of the trial court to decide where the truth lies and with that determination the appellate court will not interfere unless a clear abuse of discretion is shown. State v. Russell, supra.””
    2 later decisions quote this exact passage
  2. ““The applicable rule of law is stated by this court as follows in State v. Harris, 66 Mont. 34 , 213 P. 215 , 217: <# * * the general rule being that weapons found at or near the place of arrest are properly admitted in evidence as a part of the history of the arrest, and as bearing on the crime, although not clearly shown to have been the property of the accused or used in the commission of the crime.’ ””
    1 later decision quote this exact passage
  3. “`errors not substantially prejudicing accused are not available as grounds for reversal'.”
    1 later decision quote this exact passage

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.