State v. Watson’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 14 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““After the arrest and at the police station, Cook and Perez made certain statements concerning their activities with the defendant on the previous day and prior to the arrest on the morning of May 29,1966. At the trial, over the objection of the defendant, the police officers were allowed to testify as to these statements by Perez and Cook. This was prejudicial error. The general rule is that it is prejudicial error to admit incriminating inculpatory, extrajudicial declarations of a coconspirator made in the absence of or without the knowledge of the accused, after the conspiracy has come to an end through withdrawal or arrest of the participants, or termination of the plan in success or failure, to prove the guilt of one other than the declarants. * * * As the State concedes, it is conclusive that the statements were made after arrest, in the police station, and after the termination of the conspiracy. “The district court, in two lengthy instructions, after admitting this evidence, submitted the admissibility of it to the jury. This does not save the error. To admit evidence for the purpose of determining its admissibility is self-defeating. Carbo v. United States (1963), 9 Cir., 314 F.2d 718 . The State argues that although error, it is nonpre judicial under section 29-2308, R.R.S.1943, being our statute requiring affirmance unless we find that there has been a substantial miscarriage of justice.””

   1 later decision quote this exact passage
   e.g. Cook v. Sigler