State v. Lehman’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. “Of the three methods of proving character provided by the rule, evidence of specific instances of conduct is the most convincing. At the same time it possesses the greatest capacity to arouse prejudice, to confuse, to surprise, and to consume time. Consequently the rule confines the use t>f evidence of this kind to cases in which character is, in the strict sense, in issue and hence deserving of a searching inquiry. When character is used circumstantially and hence occupies a lesser status in the ease, proof may be only by reputation and opinion. ... The trait of character must be an operative fact which under substantive law determines the rights and liabilities of the parties.”

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

2. “a character witness may be asked on cross-examination about specific instances of conduct, provided they are relevant.”

   1 later decision quote this exact passage
   e.g. People v. Pratt

3. “about specific instances of [the defendant's] violent conduct or violent behavior.”

   1 later decision quote this exact passage
   e.g. People v. Pratt