Fischer v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Instead, his comments are a calculated narrative statement in which Martinez does not merely explain or describe events, but participates in and even creates some of the events he reports in the course of collecting evidence. . . . It therefore appears that Martinez recorded his comments not as an objective observer, but as a law enforcement officer, as a lay witness, and as an expert witness cataloging evidence and opinions for use in [appellant's] prosecution. [4]”

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

2. “permits the admission of hearsay when it involves a statement `describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter.' Here, [defendant] has given us no reason to doubt that any narration heard by the jury fit within this rule. Accordingly, we find no error in the denial of [defendant's] blanket objection.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Fischer v. State

3. “We hold that a law enforcement officer may not avoid the restrictions on the evidentiary use of an offense report by simply dictating the substance of that report.”

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