203 So. 3d 462 - State v. Eley’s Empirical Analysis
2016
Citation profile
3
cited by 3 later decisions
1
states following
September 2018
most recently cited
3 state decisions
Relationships
Relies on Brady v. State of Maryland · Crawford v. Washington · United States v. Bagley · California v. Green · State v. Dorthey
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In State v. Kennedy, 2005-1981 (La. 5/22/07), 957 So.2d 757 , 775-78, rev'd on other grounds, 554 U.S. 407 , 128 S.Ct. 2641 , 171 L.Ed.2d 525 (2008), the defendant argued that the admission into evidence of a videotaped statement of the victim violated the Confrontation Clause because she was unavailable for cross-examination due to lack of memory. The Kennedy Court 957 So.2d at 777 , noted that under Crawford and California v. Green, 399 U.S. 149 , 162, 90 S.Ct. 1930 , 1937, 26 L.Ed.2d 489 (1970), when the declarant appears at trial, the Confrontation Clause places no constraints at all on the use of his prior testimonial statements. The Kennedy Court [ ] rejected the argument that the victim's poor memory rendered her unavailable for cross-examination despite her physical presence on the stand, noting that the Confrontation Clause guarantees only an opportunity for effective cross-examination, not cross-examination that is effective in whatever way, and to whatever extent, the defense may wish. [ Id. ], see State v. Graham, 2013-1806 (La. App. 1st Cir. 7/3/14), 148 So.3d 601 , 608, rev'd on other grounds, 2014-1801 (La. 10/14/15), 180 So.3d 271 (per curiam).”
1 later decision quote this exact passage“that the defendant has the opportunity to bring out such matters as the witness' bias, his lack of care and attentiveness, his poor eyesight, and even (what is often a prime objective of cross-examination ...) the very fact that he has a bad memory.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.