State v. McClaugherty’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]t is improper under the guise of artful cross examination to tell the jury the substance of inadmissible evidence. The attempt to communicate impressions by innuendo through questions which are answered in the negative ... when the question has no evidence to support the innuendo, is an improper tactic which has often been condemned by the courts. A lawyer shall not ... in trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. McCLAUGHERTY

2. “Prior recorded statements which are materially inconsistent with the testimony of a witness may be introduced as substantive evidence of the content of the prior statement if the person who elicited, witnessed, or recorded the statement is available for confrontation and cross-examination and after the witness has been given an opportunity, under oath, to explain or deny the prior statement.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. McCLAUGHERTY

3. “The denial of the motion [to bar reprosecution] below is all that is required by Apodaca to confer jurisdiction on this Court to hear an immediate direct appeal.”

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