State v. Bennington’s Empirical Analysis

Citation profile

70 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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him.”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Hall · State v. Younger

2. ““As we recognized in Davis, ‘a conversation which begins as an interrogation to determine the need for emergency assistance’ can ‘evolve into testimonial statements.’ [Citation omitted.] This evolution may occur if, for example, a declarant provides police with information that makes clear that what appeared to be an emergency is not or is no longer an emergency or that what appeared to be a public threat is actually a private dispute. It could also occur if a perpetrator is disarmed, surrenders, is apprehended, or, as in Davis, flees with little prospect of posing a threat to the public. Trial courts can determine in the first instance when any transition from nontestimonial to testimonial occurs, and exclude ‘the portions of any statement that have become testimonial, as they do, for example, with unduly prejudicial portions of otherwise admissible evidence.’ ” Bryant, 562 U.S. at 365 -66 (quoting Davis, 547 U.S. at 828, 829 ).”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Miller

3. ““Viewed in isolation, ‘That’s what he did,’ sounds like a personal opinion. But when placed in context, this statement is not outside the wide latitude allowed attorneys during argument. The statement was made during the prosecutor’s explanation of the elements of attempted rape. . . . “. . . A review of the entire statement shows that the prosecutor was accurately describing the evidence and relating it to the elements of attempted rape versus rape, and the statement, ‘That’s what he did,’ was relating the facts to those elements. A prosecutor has wide latitude to craft arguments that include reasonable inferences to be drawn from the evidence.” 293 Kan. at 530-31.”

   1 later decision quote this exact passage · from the dissent
   e.g. 50 Kan. App. 2d 838 - State v. Marshall