Orcutt v. State’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In re Application of Gault, * * * 387 U.S. 1, 42-57 , 87 S.Ct. 1428 , 1451-1459 18 L.Ed.2d 527 , 554-563 was a proceeding to determine delinquency which might result in loss of the child’s liberty by being committed to a state institution. The Court considered denial of the rights of confrontation and cross-examination in a juvenile court hearing and held ‘absent a valid confession adequate to support the determination of the Juvenile Court, confrontation and sworn testimony by witnesses available for cross-examination were essential for a finding of “delinquency” and an order committing * * * [the child] to a state institution * * *’. The opinion refers to Standards for Juvenile and Family Courts, published by the Children’s Bureau of the United States Department of Health, Education and Welfare, which states at pp. 72-73 ‘that testimony should be under oath and that only competent, material and relevant evidence under rules applicable to civil cases should be admitted in evidence’. “The Court stated further ‘ * * * n0 reason is suggested or appears for a different rule in respect of sworn testimony in juvenile courts than in adult tribunals.’ “As pointed out in * * * [In re Interest of Chambers, 261 Iowa at 36 , 152 N.W.2d at 822 ] the effect of Gault is limited by its specific language to cases in which a juvenile might be committed to a state institution. Nevertheless, the court’s recognition of principles bearing on the question of fair trial, regardless of the type of ”

   2 later decisions quote this exact passage
   e.g. State v. Glasby · In Re Delaney

2. “"Evidence by child and parents, etc. The child and his parents, guardian, or custodian are entitled to be heard, to present evidence material to the case, and to question witnesses appearing at the hearing. “The court’s finding with respect to neglect, dependency, and delinquency shall be based upon clear and convincing evidence under the rules applicable to the trial of civil cases, provided that relevant and material information of any nature including that contained in reports, studies, or examinations may be admitted and relied upon to the extent of its probative value. When information contained in a report, study, or examination is admitted in evidence, the person making such a report, study, or examination shall be subject to both direct and cross examination when reasonably available.””

   2 later decisions quote this exact passage
   e.g. State v. Glasby · In Re Delaney

3. “`The constitutional rule of confrontation is but a sanction or guaranty of the right recognized under the common law, and is subject to the same exceptions as then existed, and those that may be legitimately found to exist, developed or created in the future in consonance with the progress of human affairs through necessity, expediency, or public policy.'”

   2 later decisions quote this exact passage
   e.g. State v. Glasby · In Re Delaney