Gore v. State’s Empirical Analysis

Citation profile

1 federal appellate · 11 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"There must be evidence of acts or cireum-stances that tend clearly to point to another, rather than to the defendant, as the guilty party," ... "there must be such proof of connection with it, such a train of facts or circumstances, as tend clearly to point out some one besides the prisoner as the guilty party. Remote acts, disconnected, and outside of the crime itself, cannot be separately proved for such a purpose" ..., and "there must be evidence of acts or cireumstances that tend clearly to point to another, rather than the accused." Accordingly, proof of an overt act in the commission of the crime is required, but it is as a threshold showing, and not as the sole determining factor. It is only one of the factors to consider in determining if the evidence sufficiently connects the third party to the crime. As our test for determining the admissibility of third party perpetrator evidence is based upon more than the single finding of an overt act in the commission of the crime, the standard is not too strict and is consistent with constitutional principles. It does not prevent the defendant from presenting a defense or presenting evidence that another person may have committed the crime as long as there is some quantum of evidence, which is more than mere suspicion and innuendo, that con nects the third party to the commission of the crime. It does not directly control the scope of defense counsel's argument to the jury and counsel is allowed to argue any inference that ca”

   2 later decisions quote this exact passage
   e.g. 2006 OK CR 46 - Stouffer v. State · 617 F. Supp. 2d 1129 - Thompson v. Sirmons

2. “explicitly abandon the 'requirement' of proof of an overt act in admissibility determinations concerning third party perpetrator evidence.”

   1 later decision quote this exact passage
   e.g. Summers v. State

3. “Oklahoma's overt act rule ... can be addressed another day.”

   1 later decision quote this exact passage
   e.g. Summers v. State