State v. Strable’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is generally agreed that the process of confrontation has two purposes, a main and essential one, and a secondary and dispensable one: (1) The main and essential purpose of confrontation is to secure for the opponent the opportunity of cross-examination. * * * * sfc * (2) There is, however, a secondary advantage to be obtained by the personal appearance of the witness: the judge and the jury are enabled to obtain the elusive and incommunicable evidence of a witness’s deportment while testifying, and a certain subjective moral effect is produced upon the witness. * * * ⅝ ⅝: # [T]he secondary advantage, incidentally obtained for the tribunal by the witness’s presence before it — the demeanor-evidence — is an advantage to be insisted upon whenever it can be had. No one has doubted that it is highly desirable, if only it is available. But is is merely desirable. Where it cannot be obtained, the requirement ceases. It is no essential part of the motion of confrontation; it stands on no better footing than other evidence to which special value is attached . . . [and] so demeanor-evidence may be dispensed with, in necessity. Accordingly, supposing that the indispensable requirement of cross-examination has been satisfied, the only remaining inquiry is whether the demeanor-evidence, to be obtained by the witness’s production before the tribunal, is available.”

   2 later decisions quote this exact passage
   e.g. State v. Castillo · Morgan v. State

2. “[T]he judge and the jury ... to obtain the elusive and incommunicable evidence of a witness’ deportment while testifying, and a certain subjective moral effect is produced upon the witness.... This secondary advantage, however, does not arise from the confrontation of the opponent and the witness; it is not the consequence of those two being brought face to face. It is the witness’ presence before the tribunal that secures the secondary advantage....”

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