State v. Midgett’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[¶ 40.] In Midgett, we said, [t]he problem here is that the trial court did not determine whether each statement at issue was made under the stress of excitement caused by this event. Although the State argues that [the officer] indicated [that the victim] “seemed to-appeared to be shaken,” he also testified that she “just seemed hesitant about coming over to talk to me. She just kind a stayed back.” Therefore, while [the victim] may have been under the requisite stress of excitement when she made some of the statements to [the officer], we cannot, from the State’s limited citation to the record, make that assessment for all the statements.”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Roach