State v. Kiewert’s Empirical Analysis

Citation profile

2 federal appellate · 31 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A statement which was at the time of its making so far contrary to the declarant’s pecuniary or proprietary interest, or so far tended to subject the declarant to civil or criminal liability, or to render invalid a claim by the declarant against another, that a reasonable person in this position would not have made the statement unless the person believed it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.””

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

2. ““Rule 804(b)(3) clearly sets forth an objective standard for determining the against-interest nature of the statement. * * * This standard was adopted for practical reasons; because the initial threshold requirement for the application of the rule is that the declarant be unavailable, there will rarely be evidence of what the declarant thought.” Kiewert, 605 A.2d at 1034-35 . (Emphasis added.)”

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

3. “[T]he Federal rules' inclusion of an objective test does not preclude courts from making an inquiry into the declarant’s subjective state of mind. If the declarant does not believe the statement to be against his interest, the rationale for the exception fails.” (quotations omitted)). 8 . See Cronan, supra, at 1127 (”

   1 later decision quote this exact passage
   e.g. United States v. Lozado