State v. Goodroad’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The witness, who would otherwise seem untrustworthy, may appear to have been compelled by the prosecutor’s threats and promises to come forward and be truthful. The suggestion is that the prosecution is forcing the truth from his witness and the unspoken message is that the prosecution knows what the truth is and is assuring its revelation. Conveying this message explicitly is improper vouching. Lawn v. United States, 355 U.S. 339 , 359-60 n. 15, 78 S.Ct. 311, 323 , 2 L.Ed.2d 321 (1958)[.] We conclude that conveying it by implication is equally improper.... The prosecutor may not tell the jury that the government has confirmed a witness’ credibility before using him. [Citation omitted.] He should be no more able to indicate that the government has taken steps to compel the witness to be truthful. Both of these arguments involve improper vouching because they invite the jury to rely on the government’s assessment that the witness is testifying truthfully.”

   2 later decisions quote this exact passage
   e.g. Jenner v. Leapley · State v. McCord

2. “Prejudicial error, under Robevts, does not result from the use of a witness’ plea agreement promise to be truthful: The mere statement in a plea agreement that a witness promises to speak “truthfully” does not by itself constitute improper vouching. [People v.] Buschard, 109 Mich.App. [306] at 316, 311 N.W.2d [759] at 764. This “is the same promise he or she makes when called as a witness at trial.” United States v. Leslie, 759 F.2d 366, 378 (5th Cir.1985). Similarly, a statement in a plea agreement that perjury charges will be brought if the defendant makes any false statement under oath is law already known by most jurors even without instruction by the court. Thus, in order to find reversible error for admittance of a plea agreement on grounds of improper vouching there must be additional improper insinuations by the government.”

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

3. ““ “when he cut a deal with the State that said I will stake my freedom on telling you the truth, I know that my plea bargain will die if you catch me lying or if anyone catches me lying and lays it out.’ ””

   1 later decision quote this exact passage
   e.g. City of Williston v. Hegstad