30 Ohio App. 3d 261 - State v. Wagner’s Empirical Analysis
1986
Citation profile
3 federal appellate · 48 state decisions
How this case has been cited
Cited by 51 later decisions — most recently September 2025 · most notably State v. Taylor (1993), Bugh v. Mitchell (2003)
3 federal appellate · 48 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Ohio v. Roberts · Dutton v. Evans · Beausoliel v. United States · State v. Duncan · United States v. Nick
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The significance of trustworthiness of an excited utterance lies in the fact the words are uttered “while the nervous excitement may be supposed still to dominate and the reflective powers to be yet in abeyance.” 6 Wigmore on Evidence (Chadbourn Rev.1976) 202-203, Section 1750. The limited reflective powers of a three-year-old, coupled with his inability to understand the enormity or ramifications of the attack upon him, sustain the trustworthiness of his communications. As a three-year-old, truly in the age of innocence, he lacked the motive or reflective capacities to prevaricate [about] the circumstances of the attack. Furthermore, the immediacy of each communication, considered in light of the available opportunities to express himself, satisfies the requirement of spontaneity. 8”
1 later decision quote this exact passage“The following are not excluded by the hearsay rule, even though the declarant is available as a witness: * * * (2) Excited utterance. A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. * * *”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.