13 Md. App. 702 - Askins v. State’s Empirical Analysis
1971
Citation profile
24 state decisions
How this case has been cited
Cited by 24 later decisions — most recently May 2003
24 state decisions
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 Kinsey v. State of Arizona · Hall v. State · Miller v. State · Meyerson v. State · 1 Md. App. 481 - Scott v. State
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Past recollection recorded is where ‘a witness, who is either devoid of a present recollection or possessed of an imperfect present recollection, desires to use a past recollection. This he proposes to do by employing some record of his past recollection.’ Wigmore on Evidence (3rd Ed.), Section 734. The authorities are in general agreement, as to past recollection recorded, that to introduce the memorandum into evidence there must be a showing that the witness identifies the memorandum as made immediately after or contemporaneously with the event and that the memorandum is a correct statement of those facts which the witness recorded. Wigmore, supra, Section 734-747; Hall v. State, 223 Md. 158, 176 ; 125 A.L.R. 3 ; 82 A.L.R.2d 465 . Stated succinctly, in order to introduce past recollection recorded, the general rule is that it is necessary to adduce from the witness ‘(a) that he at one time had personal knowledge of the facts, (b) that the writing was, when made, an accurate record of the event, and (c) that after seeing the writing, he has not sufficient present independent recollection of the facts to testify accurately in regard thereto.’ Kinsey v. Arizona, 49 Ariz. 201 , 65 P. 2d 1141 at 1148 , cited with approval in Hall v. State, supra, at 173.””
3 later decisions quote this exact passage · from the majority
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.