143 So. 3d 532 - State v. Magee’s Empirical Analysis
2014
Citation profile
1
cited by 1 later decisions
1
states following
October 2017
most recently cited
1 state decisions
Relationships
Relies on Jackson v. Virginia · Sullivan v. Louisiana · Hudson v. Louisiana · 523 So. 2d 1305 - State v. Mussall · San Vicente Medical Partners, Ltd. v. Orr
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An out-of-court statement made to a police officer is judged by the same rules of evidence that govern any out-of-court statement by any out-of-court declarant. If it is relevant and probative only to prove the truth of the matter asserted by the out-of-court declarant, then the statement is hearsay, and its admission into evidence is governed by the traditional hearsay rule. And, as any other statement, if the out-of-court statement made to a police officer has relevance and probative value that is not dependent upon its truthfulness, and it is not offered into evidence as proof of the matter asserted, then by definition the evidence is not hearsay. * * * In such circumstances, because the out-of-court statement would not be subject to the hearsay rule, its admissibility would be determined by application of other rules of evidence. So-called "investigative hearsay" is still, fundamentally, hearsay. There is no special kind of evidence known as "investigative hearsay;" we have no rule of evidence called the "investigative hearsay rule." Use of the term imparts no * meaningful information to the analysis that is not otherwise supplied by the word "hearsay."”
1 later decision quote this exact passage · from the majoritye.g. State v. King“The fact that an officer acted on information obtained from an informant may be relevant to explain his conduct, but may not be used as a passkey to bring before the jury the substance of the out-of-court information that would otherwise be barred by the hearsay rule .”
1 later decision quote this exact passage · from the majoritye.g. State v. King
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.