23 Ohio App. 3d 40 - State v. Cummings’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) a written statement made by said witness and signed or otherwise adopted or approved by him; "(2) a stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital or an oral statement made by said witness and recorded contemporaneously with the making of such oral statement; * * * "* * * "We find the following explanation of the Jencks Act from the annotation in 5 L.Ed.2d 1014 , 1025 , 1026-1027 , Sections 12[a] and [c] to be helpful in the instant case: "* * * "[c] Only a `substantially verbatim,' not a precisely verbatim, recital of a government witness' pretrial oral statement is required. * * * What is meant is that the statement should give the substance of what a government witness said and, so far as the substance is concerned, substantially in the words of the witness. To be `substantially verbatim,' a document must contain a fairly comprehensive reproduction of the witness' words, and continuous, narrative statements made by the witness, and not merely fragmentary notes, jottings, scraps, or writings, or the agent's own interpretations or impressions.”

   2 later decisions quote this exact passage
   e.g. State v. Brown, Unpublished Decision (5-4-2005) · State v. Valenzona, Unpublished Decision (12-20-2007)

2. ““* * * 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.””

   2 later decisions quote this exact passage
   e.g. 69 Ohio App. 3d 366 - State v. Allen · 37 Ohio App. 3d 3 - State v. Henry

3. ““ * * * [I]f a witness uses a writing to refresh his memory for the purpose of testifying, either: (1) while testifying; or (2) before testifying, if the court in its discretion determines it is necessary in the interests of justice, an adverse party is entitled to have the writing produced at the hearing. He is also entitled to inspect it, to cross-examine the witness thereon, and to introduce in evidence those portions which relate to the testimony of the witness. * * *””

   1 later decision quote this exact passage
   e.g. 35 Ohio App. 3d 100 - State v. Byrd