State v. Elwell’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Elwell requested that the court allow the jury to hear the audiotape of Miller’s 911 call. The State objected on hearsay grounds, but Elwell explained that the tape was not being offered for the truth of the matter asserted; instead, Elwell was offering it to demonstrate to the jury Miller’s flat vocal inflection and calm tone of voice during the call. ... None of the objections raised by the State is a valid basis for exclusion of the 911 tape. The hearsay objection was not pertinent because the defendant was not offering the tape for the truth asserted in any of the statements on the tape. Elwell expressly stated that he was offering it for the jury to hear Miller’s vocal inflection. The tape did not meet the definition of hearsay, and, therefore, the hearsay objection missed the mark. ... A jury is competent to evaluate the demeanor of a witness without an expert to assist in the evaluation. See State v. Riz- zo, 1997 ME 215, ¶ 19 , 704 A.2d 339, 344 [ (Me.1997) ] (noting probative value of spontaneity of statements on tape of 911 call). The tape was not inadmissible on the basis that it would be irrelevant without an expert. We conclude that it was an abuse of discretion to exclude the tape. The State has not argued that the exclusion of the tape was harmless error. Indeed, where the verdict of guilty depended upon the jury’s finding Miller credible, the exclusion of admissible evidence that had a tendency to undermine her credibility is prejudicial. We cannot conclude th”

   2 later decisions quote this exact passage
   e.g. State v. Marcos · State of Maine v. Abdiaziz Hussein