Stephan v. United States’s Empirical Analysis

Citation profile

53 federal appellate · 1 district · 13 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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(2) Where the witness, after his examination in chief on the stand, has refused to submit to cross-examination, the opportunity of thus probing and testing his statements has substantially failed, and his direct testimony should be struck out. On the circumstances of the case, the refusal or evasion of answers to one or more questions only need not lead to this result. [Emphasis added.] . . . ‘ ‘ Courts treat this situation with varying degrees of strictness. It should be left to the determination of the trial judge, regard being had chiefly to the motive of the witness and the materiality of the answer.” (5 Wigmore, Evidence [3d ed.] p. 112.)”

   4 later decisions quote this exact passage · from the majority
   e.g. State v. Davis · People v. Robinson

2. ““We think, however, that such information should have been disclosed to the Judge in open court and in the presence of appellant. Such appears to have been the practice in the cases cited. We think that the interest of convicted persons about to be sentenced is more carefully safegurded by open hearings under such rules as the court may adopt.””

   2 later decisions quote this exact passage · from the majority
   e.g. Smith v. United States · 22 Wash. App. 640 - State v. Giebler