Gordon v. State’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A hearsay ruling may involve several layers of analysis. Proponents of the evidence challenged on hearsay grounds usually argue (1) that the evidence at issue is not hearsay, and even if it is, (2) that it is nevertheless admissible. The first inquiry is legal in nature. But the second issue may require the trial court to make both factual and legal findings. For instance, in determining whether evidence is admissible under the excited utterance exception to the hearsay rule, ... the trial court looks into ‘the declarant’s subjective state of mind’ to determine whether ‘under all the circumstances, [he is] still excited or upset to that degree.’ It considers such factors, as, for example, how much time has passed since the event, whether the statement was spontaneous or prompted, and the nature of the statement, such as whether it was self-serving. Such factual determinations require deference from appellate courts.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Vielot v. State · 217 Md. App. 212 - State v. Hailes

2. “[O]rdinarily a trial court's ruling[s] on the admissibility of evidence are reviewed for abuse of discretion.”

   1 later decision quote this exact passage · from the dissent
   e.g. Wheeler v. State