263 Mich. App. 665 - People v. Shepherd’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[ U]nlike a statement to the police, the circumstances under which the statement was made would not lead an objective witness reasonably to believe that the statement would be available for use at a later trial. Specifically, [the co-actor] made the statement in confidence and on his own initiative to a close family member, almost eighteen months before the defendant was arrested and more than four years before his own arrest. In light of these circumstances, [the co-actor's] communication to . . . his nephewG clearly does not fall within the core category of ex parte testimonial statements that the court was concerned with in Crawford.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Manuel

2. “[The boyfriend] was speaking to relatives, not to the guards, and made spontaneous, unprompted comments regarding his role in the fleeing and eluding and assault. Even under the broadest definition of testimonial, it is unlikely that [the boyfriend] would have reasonably believed that the statements would be available for use at a later trial.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Manuel

3. “A constitutional error is harmless if `[it is] clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error.'”

   1 later decision quote this exact passage
   e.g. People v. Shepherd