United States v. Savoca’s Empirical Analysis

Citation profile

6 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “element of officiality appears to be the hallmark of a `testimonial statement'”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Stahl, Unpublished Decision (3-16-2005) · State v. Dunivant, Unpublished Decision (3-28-2005)

2. “In light of these formulations, [Davidson’s] statement[ ] do[es] not qualify as testimonial. [It was] not ex-parte in-court testimony or its equivalent; [was] not contained in formalized documents such as affidavits, depositions, or prior testimony transcripts, and [was] not made as part of a confession resulting from custodial examination. Rather, [Davidson’s] statement! ][was] made during a private conversation with [McKee]. In short, [Davidson] did not make the statement! ] under circumstances in which an objective person would “reasonably believe that the statement would be available for use at a later trial.” Because [Davidson’s] statement! ][was] not testimonial, [its] admission is outside of Crawford’s scope.”

   1 later decision quote this exact passage · from the majority
   e.g. Coy v. Renico

3. “ex parte in-court testimony or its functional equivalent — that is, material such as affidavits, custodial examinations, prior testimony that the defendant was unable to cross-examine, or similar pretrial statements that declarants would reasonably expect to be used prosecutorially; [2] extrajudicial statements contained in formalized testimonial materials, such as affidavits, depositions, prior testimony, or confessions; [and][3] statements that were made under circumstances which would lead an objective witness reasonably to believe that the statement would be available for use at a later trial.”

   1 later decision quote this exact passage · from the majority
   e.g. Coy v. Renico