Hill v. State’s Empirical Analysis
1963
Citation profile
9
cited by 9 later decisions
2
states following
July 1976
most recently cited
9 state decisions
Relationships
Relies on Wynn v. State · Turner v. State · Raymond v. Merchants' State Bank & Trust Co. of Laredo · Ivy v. State · 8 Smith & H. 71 - Allen v. State
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The procedure to be followed in passing upon the legality of a search and the admissibility of evidence thus obtained is the same as that followed when objection is raised as to the admissibility of a confession or a dying declaration. Goodwin v. State, supra; Wynn v. State, 181 Tenn. 325, 329 , 181 S.W.2d 332 . In each of these situations mixed questions of law and fact which are to be determined by the Trial Judge are presented. If the evidence is admitted, it is for the jury to say what weight will be given it. In each instance, when an objection is made to the offered evidence, the approved practice is for the Court to hear full testimony of all the relevant facts and circumstances in the absence of the jury and then rule upon the admissibility of the testimony offered. Dickason v. State, 139 Tenn. 601, 606 , 202 S.W. 922 ; Goodwin v. State, supra; Wynn v. State, supra; Turner v. State, 187 Tenn. 309, 314 , 213 S.W.2d 281 .””
2 later decisions quote this exact passage · from the majoritye.g. Smith v. State · Shafer v. State““Since it is the duty of the Judge and not the jury to make the decision as to the legality of the search, it is incumbent upon both parties to offer all of their proof on this question before calling for a ruling from the Court. This practice protects the defendant because it allows him to present his proof on the validity of the search before any ruling is made by the Court and before the • Jury is permitted to hear any testimony relating to facts discovered at the search.” 367 S.W.2d at 463 .”
1 later decision quote this exact passage · from the majoritye.g. Shafer v. State
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.