Yeary v. State’s Empirical Analysis

Citation profile

2 federal appellate · 12 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Uniform Act to Secure the Attendance of Witnesses from Without the State in- Criminal Proceedings, approved by the National Conference of Commissioners on Uniform State Laws in 1931 and amended in 1936, “is intended to provide a means for state courts to compel the attendance of out-of-state witnesses at criminal proceedings.” Availability under Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings of Subpoena Duces Tecum, 7 A.L.R.4th 836 , § 1. Relying on the principles of comity in the absence of unilateral power to compel the appearance of a witness located out of state, the Uniform Act has been enacted by all fifty states. Stud-nicki and Apol, Witness Detention and Intimidation: The History and Future of Material Witness Law, 76 St. John’s L.Rev. 483, 532 (2002); Wasserman, The Subpoena Power: Pennoyer's Last Vestige, 74 Minn. L.Rev. 37, 88 (1989).”

   1 later decision quote this exact passage
   e.g. 133 So. 3d 914 - Ulloa v. CMI, Inc.

2. “We believe the more expedient course is to permit a party to request that a corporation, rather than its human agent, be found to be a material witness under the Uniform Act and leave the issue of designation of its human agent to the corporation. Said designation need not occur until after a certificate of materiality has been issued by the Georgia trial court and the court in the county in which the out-of-state corporation is located conducts a hearing which the corporation has been ordered to attend, on the request for issuance of a summons to appear at the Georgia trial with the material evidence purportedly in the corporation’s possession. See OCGA § 24-10-92 (a).”

   1 later decision quote this exact passage
   e.g. 314 Ga. App. 409 - Yeary v. State

3. “the Uniform Act could be used to obtain the presence and testimony of an out-of-state witness and evidence in the possession of the witness, but it could not be used to request only the production of evidence located in another state . . . that a request for documents and like things under the Act must be made ancillary to a request for testimony from an out-of-state witness . . . [and that] there is nothing in the record showing that Yeary identified or sought to obtain testimony from a witness who should be compelled to produce the evidence.”

   1 later decision quote this exact passage
   e.g. 314 Ga. App. 409 - Yeary v. State