State v. Miller’s Empirical Analysis

Citation profile

4 federal appellate · 3 district · 16 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “probative of truthfulness or untruthfulness.”

   4 later decisions quote this exact passage
   e.g. State v. David Aldrich · Chretien v. N.H. State Prison, Warden

2. “(1) whether the testimony of the witness is crucial or unimportant; (2) the extent to which the evidence is probative of truthfulness or untruthfulness; (3) the extent to which the evidence is also probative of other relevant matters; (4) the extent to which the act of untruthfulness is connected to the case; (5) the extent to which the circumstances surrounding the specific instances of conduct are similar to the circumstances surrounding the giving of the witness’s testimony; (6) the nearness or remoteness in time of the specific instances to trial; (7) the likelihood that the alleged specific-instances conduct in fact occurred; (8) the extent to which specific-instances evidence is cumulative or unnecessary in light of other evidence already received on credibility; and (9) whether specific-instances evidence is needed to rebut other evidence concerning credibility.”

   3 later decisions quote this exact passage
   e.g. State v. Kornbrekke · State v. Kelly

3. “to require a defendant to demonstrate clearly and convincingly that the prior allegations were false before being permitted to cross-examine the victim about them under [New Hampshire Rule of Evidence] 608(b).” Id. at 947 . The court concluded that state trial courts have wide discretion to allow or prohibit the cross-examination of a sexual assault victim concerning a prior allegedly false allegation of sexual abuse. Id. The”

   1 later decision quote this exact passage
   e.g. Abram v. Gerry