State v. Saltz’s Empirical Analysis

Citation profile

96 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 98 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the declarant must testify and be subject to cross-examination, (2) the opposing party must have explicitly or implicitly accused the declarant of recently fabricating the statement or of acting under an improper influence or motive, (3) the statement must be consistent with the declarant’s testimony, and (4) the statement must have been made prior to the alleged fabrication, or prior to the existence of the alleged improper influence or motive.”

   3 later decisions quote this exact passage
   e.g. Vail v. State · State v. Nelson

2. “The admission or exclusion of evidence is left to the sound discretion of the trial judge, whose decision will not be reversed on appeal absent an abuse of discretion.”

   3 later decisions quote this exact passage
   e.g. State v. Williams · State v. Perry

3. “[ i]n a CSC case, the testimony of a witness regarding the Victim’s out-of-court statement is not hearsay when: “The declarant testifies at the trial ... and is subject to cross-examination concerning the statement, and the statement is ... consistent with the declarant’s testimony in a criminal sexual conduct case or attempted criminal sexual conduct case where the declarant is the alleged Victim and the statement is limited to the time and place of the incident.””

   2 later decisions quote this exact passage
   e.g. Vail v. State · State v. Winkler