397 Pa. Super. 581 - Commonwealth v. Sanford’s Empirical Analysis
1990
Citation profile
26 state decisions
How this case has been cited
Cited by 28 later decisions — most recently August 2020 · most notably Commonwealth v. Counterman (1998), 419 Pa. Super. 411 - Commonwealth v. Hanawalt (1992)
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 Ohio v. Roberts · Idaho v. Wright · Stickel v. Ohio Casualty Co. · State v. Robinson · 302 Pa. Super. 145 - Commonwealth v. Galloway
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1) whether the declarant, in fact, witnessed the startling event; 2) the time that elapsed between the startling event and the declaration; 3) whether the statement was in narrative form (inadmissible); and, 4) whether the declarant spoke to others before making the statement, or had the opportunity to do so. Commonwealth v. Blackwell, 343 Pa.Super. 201, 211 , 494 A.2d 426, 431 (1985). (Citations omitted) These considerations provide the guarantees of trustworthiness which permit the admission of a hearsay statement under the excited utterance exception. "It is important to note that none of these factors, except the requirement that the declarant have witnessed the startling event, is in itself dispositive. Rather, the factors are to be considered in all the surrounding circumstances to determine whether a statement is an excited utterance. " Id. See also, [ Idaho v. Wright, 497 U.S. 805, 820-21 , 110 S.Ct. 3139 , 111 L.Ed.2d 638 (1990)] (particularized guarantees of trustworthiness must be shown from the totality of the circumstances.)”
2 later decisions quote this exact passage“a spontaneous declaration by a person whose mind has been suddenly made subject to an over-powering emotion caused by some unexpected and shocking occurrence, which that person has just participated in or closely witnessed, and made in reference to some phase of that occurrence which he perceived, and this declaration must be made so near the occurrence both in time and place as to exclude the likelihood of its having emanated in whole or in part from his reflective faculties. In a res gestae declaration the exciting event speaks through the impulsive words of a participant or onlooker. It is in a psychological sense a part of the act itself. The apparent condition of the declarant’s mind when the declaration is made is the test of the latter’s admissibility as a part of the res gestae. To make the declaration admissible the state of the declarant’s mind as induced by the shock of the occurrence must be such as to integrate his spontaneous declaration exclusively with the occurrence itself.”
1 later decision quote this exact passage
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.