State v. Smyth’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he primary object of the [Confrontation Clause] was to prevent depositions or ex parte affidavits * * * being used against the prisoner in lieu of personal examination and cross-examination of the witness in which the accused has the opportunity, not only of testing the recollection and sifting the conscience of the witness, but of compelling him to stand face to face with the jury in order that they may look at him, and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief”

   3 later decisions quote this exact passage
   e.g. State v. Foster · State v. Foster

2. “is derived from the Massachusetts constitution of 1780, one of the original state Declarations of Rights, from which it found its way into the federal [S]ixth [A]mendment in 1789.”

   2 later decisions quote this exact passage
   e.g. State v. Foster · State v. Hancock

3. “"It is, of course, a commonplace that statutes will not be construed to violate constitutional prohibitions unless no other construction is possible. State v. Harmon, 225 Or 571 , 358 P2d 1048 (1961) and cases there cited. Courts do not readily ascribe to legislators an intention to deprive persons of a right that the constitution guarantees. * * * [L]egislators as well as courts may be credited with respecting well-understood constitutional rights and not intending every doubtful law to press to whatever extent that a court will not invalidate."”

   1 later decision quote this exact passage
   e.g. State v. Edgmand