Johnson v. Porter’s Empirical Analysis

Citation profile

26 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(5) Statement by a Deceased, Deaf-Mute, or Incompetent Person. The statement was made by a decedent, or a deaf-mute who is now unable to testify, or a mentally incompetent person, where (a) the estate or personal representative of the decedent’s estate, or the guardian or trustee of the deaf-mute or incompetent person is a party, and (b) the statement was made before the death or the development of the deaf-mute condition or the incompetency, and (c) the statement is offered to rebut testimony by an adverse party on a matter which was within the knowledge of the decedent, deaf-mute, or incompetent person.””

   4 later decisions quote this exact passage
   e.g. Drew v. Marino, Unpublished Decision (3-10-2004) · 85 Ohio App. 3d 277 - First Natl. Bank of Ohio v. Robb

2. ““(B) Hearsay Exceptions. The following are not excluded by the hearsay rule if the declarant is unavailable as a witness: U * * * “(5) Statement by a Deceased or Incompetent Person. The statement was made by a decedent * * * where (a) the estate or personal representative of the decedent’s estate * * * is a party, and (b) the statement was made before the death * * * and (c) the statement is offered to rebut testimony by an adverse party on a matter within the knowledge of the decedent * *”

   1 later decision quote this exact passage
   e.g. 99 Ohio App. 3d 421 - Jenkins v. Bazzoli

3. “rules of witness competency, are procedural and do not create, modify, or abridge substantive rights.”

   1 later decision quote this exact passage
   e.g. 895 So. 2d 225 - Schoenvogel v. Venator Group Retail, Inc.