Smith v. State’s Empirical Analysis

Citation profile

55 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Indeed, courts have found the exception applicable to statements made well after the occurrence of the startling events to which the statements relate. The common thread running through those cases, however, is that at the time of the statement, the declarants were either “hysterical,” severely injured, or subject to some other extreme emotional state sufficient to prevent reflective thought. On the other hand, ‘A statement as to what occurred does not become admissible merely because the victim is still in an excited state.’ As the interval of time between the startling event and the statement increases, so too does the opportunity for the declarant to engage in reflective thought.”

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

2. “The interval between a statement and an event is governed by the particular circumstances of each case. D. Binder, Hearsay Handbook § 2.03 (1983). “The general rule is that an utterance following an exciting event must be made soon enough thereafter that it can reasonably be considered a product of the stress of the excitement, rather than of intervening reflection or deliberation.” Id. “The trend is toward expansion of the time interval after an exciting event and some courts are more liberal in expanding the time period following an exciting event when the declarant is a child.” Id.”

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

3. “First there must be an occasion which excites the declarant. Second, the [s]tatement must be uttered during the period of excitement and must express the declarant's reaction to the occasion. In practice, these tend to merge together. If there was a sudden event which startled the declarant, his ensuing utterance will be assumed to be his reaction to the stimulus; if the statement appears to be excited, it will be assumed the occasion was exciting.”

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