State v. Ohlson’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a vehicle . . . had gone by and flipped them off and, I quote "called them [racial slurs]" and sped off. The vehicle then came back around and actually swerved up on to the curb trying to hit them. . . . They had to literally jump out of the way so that they were not hit. This continued, they said, at least four times, where the car went back and forth in front of them, calling them racial names.”

   2 later decisions quote this exact passage
   e.g. State v. Ohlson · State v. Ohlson

2. “no testimony was provided directly from D.L. to indicate that a startling event occurred from his perspective. " Appellant's Pet. to Review at 5 (emphasis added). But, as the Court of Appeals correctly stated, while the focus is on the declarant's perception in analyzing whether a startling event has occurred, "the declarant need not testify regarding his perception of the event in order to establish this requirement.”

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

3. “Three requirements must be met for a statement to qualify as an excited utterance: (1) a startling event or condition must have occurred; (2) the statement must have been made while the declarant was under the stress of excitement caused by the event or condition; and (3) the statement must relate to the startling event or condition.”

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