State v. Flood’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “it is unclear from the question whether it was intended as any type of assertion. The victim could have intended the question as an assertion that someone else committed the sexual abuse. She also could have intended the question as an assertion of her concern for her cousin, or she could have intended it to be just an innocent question, not intended to assert anything. Because nothing in the record suggests that the victim intended an assertion by her question, we conclude that the victim’s question was not a “statement” for the purposes of hearsay.”

   1 later decision quote this exact passage · from the majority
   e.g. State of Tennessee v. Robert Charles Brown

2. “The right to offer the testimony of witnesses, and to compel their attendance, if necessary, is in plain terms the right to present a defense, the right to present the defendant’s version of the facts as well as the prosecution’s to the jury so it may decide where the truth lies. Just as an accused has the right to confront the prosecution’s witnesses for the purpose of challenging their testimony, he has the right to present his own witnesses to establish a defense. This right is a fundamental element of due process of law.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Vaughn

3. “(1)-Whether the excluded evidence is critical to the defense; (2) Whether the evidence bears sufficient indicia of reliability; and (3) Whether the interest supporting exclusion of the evidence is substantially important.”

   1 later decision quote this exact passage · from the majority
   e.g. State of Tennessee v. Brandon Ackerman