State v. Thompson’s Empirical Analysis

Citation profile

1 federal appellate · 9 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) General Rule — For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime may be admitted if the following procedures and conditions are satisfied: (1) The witness must be asked about the conviction on cross-examination. If the witness denies having been convicted, the conviction may be established by public record. If the witness denies being the person named in the public record, identity may be established by other evidence. (2) The crime must be punishable by death or imprisonment in excess of one year under the law under which the witness was convicted or, if not so punishable, the crime must have involved dishonesty or false statement. (B) If the witness to be impeached is the accused in a criminal prosecution, the State must give the accused reasonable written notice of the impeaching conviction before trial, and the court upon request must determine that the conviction’s probative value on credibility outweighs its unfair prejudicial effect on the substantive issues. The court may rule on the admissibility of such proof prior to the trial but in any event shall rule prior to the testimony of the accused. If the court makes a final determination that such proof is admissible for impeachment purposes, the accused need not actually testify at the trial to later challenge the propriety of the determination. (b) Time Limit. — Evidence of a conviction under this rule is not admissible if a period of more than ten y”

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

2. “(1) the prior conviction must be punishable by death or imprisonment for over one year or must involve a crime of dishonesty or false statement; (2) less than ten years must have elapsed between the defendant’s release from confinement for the prior offense and the commencement of the prosecution; (3) the State must give reasonable pretrial written notice of the impeaching conviction; (4) the trial court must find that the impeaching conviction’s probative value outweighs its unfair prejudicial effect on the substantive issues.”

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

3. “decisions with respect to other statutory requirements of notice in sentencing matters”

   1 later decision quote this exact passage
   e.g. State of Tennessee v. Kevin Patterson AKA John O'Keefe Varner AKA John O'Keefe Kitchen