State v. Johnson’s Empirical Analysis

Citation profile

38 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Crawford did not precisely articulate what is considered ‘testimonial,’ but it provided some guidance. At a minimum, the Court announced, ‘testimonial’ includes statements made during police interrogations and prior testimony at a preliminary hearing, before a grand jury, or at a former trial. In describing testimonial statements, the Court also noted that testimony is typically ‘[a] solemn declaration or affirmation made for the purpose of establishing or proving some fact.’ Further, the Court offered a non-exclusive list of ‘formulations’ of the term ‘testimonial’: (1) ‘ex parte in-court testimony or its functional equivalent-that is, material such as affidavits, custodial examinations, prior testimony that the defendant was unable to cross-examine ...;’ (2) ‘extrajudicial statements contained in formalized testimonial materials, such as affidavits, depositions, prior testimony, or confessions;’ and (3) statements made under circumstances that would lead an objective witness reasonably to believe that the statement would be available for use at a later trial.”

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

2. “[i]n Crawford, the United States Supreme Court held that [the Confrontation Clause] bars 'admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had a prior opportunity for cross-examination.'”

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

3. “We have also noted that when this kind of out-of-court statement is not offered to prove the truth of the matter asserted, 'the Confrontation Clause is satisfied if the defendant had the opportunity to cross-examine the person repeating the out-of-court statement.'”

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