State v. Howe’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The court in its discretion may permit either party to take the deposition of any witness, except the defendant, in any criminal case upon a finding by a preponderance of the evidence that such deposition is necessary: (1) To preserve the testimony of any witness who is unlikely to be available for trial due to illness, absence from the jurisdiction, or reluctance to cooperate; or (2) To ensure a fair trial, avoid surprise, or for other good cause shown. In determining the necessity, the court shall consider the complexity of the issues involved, other opportunities or information available to discover the information sought by the deposition, and any other special or exceptional circumstances that may exist.”

   1 later decision quote this exact passage
   e.g. State v. Anthony Barnaby The State of New Hampshire v. David Caplin

2. “Under RSA 517:13, the burden is on the defendant requesting a deposition to establish necessity.”

   1 later decision quote this exact passage
   e.g. State v. Anthony Barnaby The State of New Hampshire v. David Caplin