State v. Ortlepp’s Empirical Analysis
1985
Citation profile
26 state decisions
How this case has been cited
Cited by 26 later decisions — most recently May 2019 · most notably 162 Ill. 2d 314 - People v. Cruz (1994), State v. Ostrem (1995)
26 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 Miranda v. State of Arizona Vignera · California v. Green · Di Carlo v. United States · United States v. Barnes · United States v. Williams
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The possibility that the jury may accept as the truth the earlier statements in preference to those made upon the stand is indeed real, but we find no difficulty in it. If, from all that the jury see of the witness, they conclude that what he says now is not the truth, but what he said before, they are none the less deciding from what they see and hear of that person and in court. There is no mythical necessity that the case must be decided only in accordance with the truth of words uttered under oath in court.”
3 later decisions quote this exact passagee.g. State v. Soukup · Oliver v. State“First, there is no confrontation problem presented by the admission of the statement as substantive evidence, since [the witness] testified, admitted making the prior statement, and was available for cross-examination by defense counsel. * * * Second, since [the witness] admitted making the prior statement, there was no real dispute over whether he made it or over what it contained. Indeed, the prior statement was taped. Third, the statement was against [the witness’] penal interest, a fact that increases its reliability. Fourth, the statement was consistent with all the other evidence the state introduced * * *.”
2 later decisions quote this exact passagee.g. State v. Soukup · Oliver v. State“Rule 803(24) creates what has been termed a “catchall exception” that allows hearsay to be admitted in cases in which the declarant testifies if certain conditions are satisfied, the key one being that there are circumstantial guarantees of trustworthiness equivalent to those surrounding statements fitting within the 23 specific exceptions created by Rule 803.”
1 later decision quote this exact passagee.g. State v. Soukup
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.