State v. Rush’s Empirical Analysis
1995
Citation profile
13 state decisions
How this case has been cited
Cited by 13 later decisions — most recently December 2000
13 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 State v. Odom · State v. Ashe · State v. Black · State v. Lee · State v. Jordan
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.
“(a) The spouse of the defendant shall be a competent witness for the defendant in all criminal actions, but the failure of the defendant to call such spouse as a witness shall not be used against him. Such spouse is subject to cross-examination as are other witnesses. (b) The spouse of the defendant shall be competent but not compellable to testify for the State against the defendant in any criminal action or grand jury proceedings, except that the spouse of the defendant shall be both competent and compellable to so testify: (1) In a prosecution for bigamy or criminal cohabitation, to prove the fact of marriage and facts tending to show the absence of divorce or annulment; (2) In a prosecution for assaulting or communicating a threat to the other spouse; (3) In a prosecution for trespass in or upon the separate lands or residence of the other spouse when living separate and apart from each other by mutual consent or court order; (4) In a prosecution for abandonment of or failure to provide support for the other spouse or their child; (5) In a prosecution of one spouse for any other criminal offense against the minor child of either spouse, including any illegitimate or adopted or foster child of either spouse. (c) No husband or wife shall be compellable in any event to disclose any confidential communication made by one to the other during their marriage.”
1 later decision quote this exact passage“A defendant is prejudiced by errors relating to rights arising other than under the Constitution of the United States when there is a reasonable possibility that, had the error in question not been committed, a different result would have been reached at the trial out of which the appeal arises. The burden of showing such prejudice under this subsection is upon the defendant.”
1 later decision quote this exact passage“In order to prevail under plain error analysis, defendant must first establish that the trial court committed error and then show that `absent the error, the jury probably would have reached a different result.'”
1 later decision quote this exact passagee.g. State v. Burr
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.