State v. Toohey’s Empirical Analysis

Citation profile

29 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Crawford decision spoke in almost categorical terms: “when the declarant appears for cross-examination at trial, the Confrontation Clause places no constraints at all on the use of his prior statements.” Several courts have taken this to mean that even a witness with no memory of the events in question is nevertheless present and available for cross-examination under Crawford.”

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