State v. Cooper’s Empirical Analysis

Citation profile

52 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[E]vidence which can have (no) other effect than to cast a bare suspicion upon another, or to raise a conjectural inference as to the commission of the crime by another, is not admissible----But before such testimony can be received, there must be such proof of connection with it, such a train of facts or circumstances, as tends clearly to point out such other person as the guilty party. Remote acts, disconnected and outside the crime itself, cannot be separately proved for such a purpose. An orderly and unbiased judicial inquiry as to the guilt or innocence of a defendant on trial does not contemplate that such defendant be permitted, by way of defense, to indulge in conjectural inferences that some other person might have committed the offense for which he is on trial, or by fanciful analogy to say to the jury that someone other than he is more probably guilty.”

   2 later decisions quote this exact passage
   e.g. State v. Mansfield · STALK v. Rice

2. “Statement Against Interest. A statement which was at the time of its making so far contrary to the declarant’s pecuniary or proprietary interest, or so far tended to subject the declarant to civil or criminal liability, or to render invalid a claim by the declarant against another, that a reasonable person in the declarant’s position would not have made the statement unless believing it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement, (emphasis supplied).”

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

3. “[GJilmore admitted having a conversation with Marshall concerning [Cooper’s] case, but denied admitting to the crime. Aside from Nelson’s assertions, there was no credible evidence linking Gilmore to Victim’s murder. Gilmore testified in camera that she had never been to Victim’s house. Thus, there was no evidence that tended clearly to point out that Gilmore was guilty of the crime. Nelson’s testimony would therefore be prohibited under [State v. Gregory, 198 S.C. 98 , 16 S.E.2d 532 (1941) ].”

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