Hirsch v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Such evidentiary predicate is more cognizable in the courts of a totalitarian power. "The authorities are in accord that the minds of jurors must not be poisoned and prejudiced against the prisoner by receiving evidence of another collateral crime committed by a defendant not on trial. It is imperative that the issue be isolated and maintained as the `feature' of the trial. Here, the issue is crystal clear, viz.: Did Nancy Hirsch commit perjury when she swore that she saw a prosecuting attorney enter the jury room on December 18, 1969? The issue was not: `Did Mrs. Canney commit acts which constituted the crime of subornation of perjury.' Are the telephone conversations of some person with witnesses who have no connection with the defendant, or the offense charged, logically probative? I submit they are not. Thayer stated the basic concept as to relevance in its classic form: `... The two leading principles should be brought into conspicuous relief, (1) that nothing is to be received which is not logically probative of some matter requiring to be proved; and (2) that everything which is thus probative should come in, unless a clear ground of policy or law excludes it.'" * * * * * * "Wharton, in his treatise on criminal evidence, sets out the rule applicable here as: `Generally, evidence of acts of the defendant involving persons other than the victim is inadmissible as irrelevant, the basis for the exclusion being characterized as res inter alios acta.'" (Emphasis supplied.)”

   2 later decisions quote this exact passage
   e.g. Denmark v. State · 279 So. 2d 866 - Hirsch v. State

2. “"It appears to us that the overriding theory of the State's case was coupling the actions of one Mrs. Connie Canney in her attempts to suborn perjury in the Harvey trial, and the influence of Mrs. Canney on the appellant thereby theorizing that the appellant, at the probable suggestion of Mrs. Canney, had committed perjury in her attempt to help Mrs. Canney to help Mrs. Canney's friend, Janice Harvey. ... Keeping in mind the State's theory, we do not consider the evidence of the collateral crimes committed by a third person, in this case, Mrs. Canney, to be either hearsay nor prejudicial in that the purpose was not to further prosecute such third person, but to show this third person's connection between her alleged illegal acts and her influence upon the otherwise innocent victim, as the appellant was, prior to the coming under the influence of Mrs. Canney. Therefore, we do not find the trial court in error in this regard, but the evidence was relevant." (Emphasis supplied.) 268 So.2d at 442 .”

   1 later decision quote this exact passage
   e.g. 279 So. 2d 866 - Hirsch v. State