Key v. State’s Empirical Analysis

Citation profile

3 federal appellate · 60 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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The appellant was a witness on the trial of the case, in his own behalf, and voluntarily testified to his communication to the attorney, which he claims was privileged. Did that remove the injunction of secrecy? The object of extending to him the privilege is, that his communications shall not be disclosed without his consent. It is a personal privilege, and if he makes the disclosure himself, and undertakes to tell what statement he made to his attorney, it ceases to be a secret. Having opened the door himself by testifying to what took place between himself and his counsel and to the communications between them, he has made it public and thus consented that the attorney may testify in relation to it. It is no longer a secret, any more than if the statement had been made to his attorney in the presence and hearing of others, and with the avowed purpose that it should be heard by them.””

   1 later decision quote this exact passage · from the majority
   e.g. 136 Ind. App. 96 - Gorney v. Gorney

2. “It is difficult to imagine more convincing new evidence than that offered in support of the instant motion for new trial, when a deputy sheriff, an officer of the court, stated [the witness] had told him before the trial that he intended, in effect, to commit perjury againt [sic] appellant ‘. because appellant had dates with his wife.’ Such newly discovered evidence indicating perjury on the part of the State’s crucial witness, was a significant and startling revelation. It could very probably have produced a different result on the trial. We can only conclude that a motion for new trial, setting up said newly discovered evidence should be sustained, and that the court erred in overruling it.”

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

3. “It is well settled, however, that the confidential relationship of attorney and client is not absolute for all purposes, but is a privilege which belongs to the client, and the client alone, to claim or to waive; and where the client himself testifies concerning the privileged matter, he then waives the privilege.”

   1 later decision quote this exact passage
   e.g. 178 Ind. App. 77 - Ernst v. Underwriters National Assurance Co.