Oregon v. Derryberry’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * [T]he adoption of Rule 63 (1) would undermine the foundations underlying much of the present law of hearsay evidence and would result in the overruling, sub silentio, of many of the previous decisions by this court. Indeed, it is the avowed purpose of the proposed Uniform Rules of Evidence to `wipe the slate clean of all disqualifications of witnesses, privileges and limitations upon the admissibility of relevant evidence' in order that `harmony and uniformity [may be] advanced by writing back onto the slate the limitations and exceptions desired.' 9A Uniform Laws Annotated, Rules of Evidence 598 Rule 7, Commissioner's Note (1953). See also articles entitled `How the Adoption of the Uniform Rules of Evidence Would Affect the Law of Evidence in Oregon,' 41 OrLRev 275 and 376, and 42 OrLRev 200 and 251 (1963)."”

   1 later decision quote this exact passage
   e.g. Rhodes v. Harwood

2. “"Evidence of a statement which is made other than by a witness while testifying at the hearing offered to prove the truth of the matter stated is hearsay evidence and inadmissible except: "(1) Previous Statements of Persons Present and Subject to Cross Examination. A statement previously made by a person who is present at the hearing and available for cross examination with respect to the statement and its subject matter, provided the statement would be admissible if made by declarant while testifying as a witness."”

   1 later decision quote this exact passage
   e.g. Elam v. Soares

3. “he told them that defendant had told him on January 26 that he had `ripped off' the furniture the previous day”

   1 later decision quote this exact passage
   e.g. Rhodes v. Harwood