Culp v. State’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In State v. Koch, 157 Idaho 89 , 334 P.3d 280 (2014), the Idaho Supreme Court considered for the first time the foundational requirements • for admitting emails. The Court wrote: “ ‘Because Idaho Rule of Evidence 901 is based on Federal Rule of Evidence 901, how other jurisdictions have interpreted the federal rule’s requirements with regard to the admission of e-mails and text messages is instructive in this case. Other jurisdictions have recognized that electronic evidence may be authenticated in a number of different ways consistent with Federal Rule 901 and corresponding state statutes. Courts have not required proponents offering printouts of e-mails," internet chat room dialogues, and cellular phone text messages to authenticate them with direct evidence, such as an admission by the author or the testimony of a witness who saw the purported author typing the message. See, e.g., United States v. Fluker, 698 F.3d 988, 999 (7th Cir.2012). Rather, courts have held that circumstantial evidence establishing that the evidence was what the proponent claimed it to be was sufficient. See, e.g., State v. Thompson, 777 N.W.2d 617, 624 (N.D.2010) (providing a comprehensive review of other jurisdictions’ authenticity requirements for electronic communications). ' Circumstantial proof might include the e-mail-address, cell phone number, or screen name connected with the message; the content of the messages, facts included within the text, or style of writing; and me-tadata such as th”

   1 later decision quote this exact passage
   e.g. Smith v. Smith