Houston v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`A dying declaration is made without the sanctity and without an opportunity to cross-examine the declarant. To take the place of that sanctity and that right there must be an undoubting belief in the mind of the declarant, at the time the declaration is made, that death is upon him. If it shall appear in any manner that there was hope of recovery, however faint it may have been, still lingering in his breast, the required sanctity is not afforded, and the statement cannot be received. The belief by the declarant that he may ultimately die as a result of this injury is not sufficient to authorize the admission of his statement as a dying declaration. The predicate must exclude all hope of life. It must reach the point of absolute certainty in the mind of the declarant. All hope must be gone. He must feel sure that the finger of death is upon him.'”

   3 later decisions quote this exact passage
   e.g. 258 So. 2d 423 - Kidd v. State · 492 So. 2d 1281 - Watts v. State

2. “[T]hat experience shows that dying persons have made false self-serving declarations; and in quoting with approval from a case from another state, this Court pointed out that dying declarations are dangerous and that they are not so strong a safeguard against falsehood as they were when the rule admitting them was first laid down. ( 246 Miss. at 84 , 149 So.2d at 334 .)”

   1 later decision quote this exact passage
   e.g. 258 So. 2d 423 - Kidd v. State