State v. Marcy’s Empirical Analysis
1996
Citation profile
33 state decisions
How this case has been cited
Cited by 33 later decisions — most recently August 2014 · most notably 89 Wash. App. 543 - State v. Alvarado (1998), Mitchell v. Archibald (1998)
33 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on United States v. Orrico · State v. Zaccaro · State v. Mancine · United States v. Schoenborn · United States v. Porter
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A number of courts have ruled statements inadmissible as past recollection recorded because the statements were not sworn, signed by the witness, or otherwise affirmed by the witness as accurate. Closer examination of those cases reveals, however, that the statements involved were not prepared by the witness, but by another person, usually a law enforcement agent. See, e.g., United States v. Schoenborn, 4 F.3d 1424, 1427 (7th Cir. 1993) (noting that witness “did not adopt... as his own” report prepared by FBI agent of interview with witness); People v. Hoffman, 205 Mich. App. 1 , 518 N.W.2d 817, 825 (1994) (holding that denying admission of police officer’s typewritten notes of witness’s statement was proper where witness never adopted statements as true and accurate); People v. Kubasiak, [ 98 Mich. App. 529 ,] 296 N.W.2d[ 298,] 302 [(1980)] (holding that police report of witness’s statement was inadmissible because witness had not adopted report as accurate when matter was fresh in his memory). Understandably, where a prior statement was prepared by a person other than the witness, courts have relied on or even required evidence that the witness had sworn or otherwise affirmed the accuracy of the prepared statement, to satisfy the requirement that the witness adopted the statement.”
4 later decisions quote this exact passagee.g. State v. Stone · State v. Stone“Rule 803(5) does not specify any particular method of establishing the ... accuracy of the statement. It is not a sine qua non of admissibility that the witness actually vouch for the accuracy of the written memorandum. Admissibility is, instead, to be determined on a case-by-case basis upon a consideration ... of factors indicating trustworthiness, or the lack thereof.”
2 later decisions quote this exact passage
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.