State v. Houston’s Empirical Analysis

Citation profile

47 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““* * * Before a writing or recording can be considered a ‘statement’ of the witness, pursuant to Crim. R. 16(B)(1)(g), it must be shown that either the witness prepared, signed or adopted the statement, or that it minimally is a continuous, narrative statement made by the witness and recorded verbatim, or nearly so.””

   3 later decisions quote this exact passage
   e.g. 37 Ohio App. 3d 3 - State v. Henry · 62 Ohio App. 2d 31 - State v. Johnson

2. ““One of the most important motive forces behind the enactment of this legislation was the fear that an expansive reading of Jencks would compel the undiscriminating production of agent’s summaries or interviews regardless of their character or completeness * * * [I]t was felt to be grossly unfair to allow the defense to use statements to impeach a witness which could not fairly be said to be the witness’ own rather than the product of the investigator’s selections, interpretations, and interpolations * * *. ****** * * * It is clear that Congress was concerned that only those statements which could properly be called the witness’ own words should be made available to the defense for purposes of impeachment. It was important that the statement could fairly be deemed to reflect fully and without distortion what had been said to the government agent. * * It is clear from the continuous congressional emphasis on ‘substantially verbatim recital,’ and ‘continuous, narrative statements made by the witness recorded verbatim, or nearly so * * *,’ see Appendix B, post 79 S.Ct. page 1228, that the legislation was designed to eliminate the danger of distortion and misrepresentation inherent in a report which merely selects portions, albeit accurately, from a lengthy oral recital. * * * Since we feel the statutory standard has guiding definiteness, it would be idle to attempt a minute enumeration of particular situations to which it is to be applied. * * * Final decision as to production m”

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

3. ““Here the statute [§ 747.5] defines the conditions for its application. In doing so it makes the nature of the disposition of the two prior convictions determinative of their use as predicates for the greater penalty upon a third conviction. The defendant must have been on each prior occasion ‘convicted of crime, sentenced, and committed to prison * * * for [a term] of not less than three years * Significantly, the statute emphasizes conviction and disposition of the prior offense. There can be no recidivism until after conviction of crime and imposition of penalty * * (Emphasis supplied.)”

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