State v. Newman’s Empirical Analysis

Citation profile

32 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Declarations which are a part of the transaction, which is itself the fact in dispute, or evidence of that fact, such declaration, act, or omission is evidence as part of the transaction.””

   2 later decisions quote this exact passage · from the majority
   e.g. Folda v. City of Bozeman · State v. Hensley

2. ““ ‘ “* * * photographs stand on the same footing as diagrams, maps, plans, and the like, and as a general rule, whenever relevant to describe a person, place, or thing, they are admissible for the purpose of explaining and applying the evidence and assisting the court and jury in understanding the case.” “ ‘Photographs that are calculated to arose the .sympathies or prejudices of the jury are properly excluded, particularly if they are not substantially necessary or instructive to show material facts or conditions. 20 Am.Jur., Evidence, § 729, p. 609.’ ***** “* * * the fact the photographs could tend to arouse sympathy in the minds of the jurors is not the only determinative issue. The probative value of the photographs was never explained to the jury by the medical witness.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Buckley

3. ““* * * ‘Hearsay’ is testimony or evidence of someone’s words or conduct outside the court, when offered in court to prove the truth of the thing being asserted, and thus resting for its value upon the credibility of the out-of-court asserter.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Scanlon