In Re Daniel’s Empirical Analysis
1983
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently January 2003
14 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 State v. Jalette · State v. Hutchison · State v. Medeiros · 27 Or. App. 767 - State v. Jones · In Re Kim
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A statement that would otherwise be inadmissible hearsay may be admitted as a spontaneous utterance even though it was not actually made contemporaneously with the event. The declarant, however, must make the statement in response to the shocking or startling event while still laboring under the stress or excitement engendered by the experience. * * * A spontaneous utterance is really an effusion. Being spontaneous, it is free from the elements of design, contrivance, and self-service which at times color testimony given from the witness stand. Consequently, the credibility of such statements is not dependent solely upon the veracity of the declarant.” 456 A.2d at 260 .”
1 later decision quote this exact passagee.g. State v. Perry““The exception is premised on the assumption that the excitement of certain startling events stills the reflective facilities and removes their normal controls. A spontaneous utterance occurring at the time of the so-called startling event is thought to be a sincere, truthful response to the actual sensations and perceptions produced by the preceding external shock. 6 Wigmore, Evidence, § 1747 at 195 (Chadbourne rev. ed. 1976).” In re Daniel, R.I., 456 A.2d at 260 (quoting In re Kim, R.I., 445 A.2d 295, 296 (1982) quoting State v. Jalette, 119 R.I. 614, 619 , 382 A.2d 526, 529 (1978)).”
1 later decision quote this exact passagee.g. State v. St. Jean“Furthermore, the conditions immediately preceding the identification do not support an excited-utterance exception____ When the little boy looked ... on the first try, he was inattentive. On the second try, he ... identified no one. Only on the third viewing did he identify Daniel. This is not the type of effusion or excitement which typically gives rise to a spontaneous utterance.”
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.