47 Cal. 2d 776 - People v. Brust’s Empirical Analysis
1957
Citation profile
65 state decisions
How this case has been cited
Cited by 65 later decisions — most recently January 2009 · most notably 70 Cal. 2d 522 - People v. Ireland (1969), 50 Cal. 2d 383 - People v. Wein (1958)
65 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 27 Cal. 2d 164 - People v. Bender · 28 Cal. 2d 121 - People v. Valentine · 24 Cal. 2d 177 - People v. Alcalde · People v. Thomas · 47 Cal. 2d 749 - People v. Friend
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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“admissible only if there appears to be a necessity for that type of evidence and a circumstantial probability of its trustworthiness (V Wigmore, p. 202, 1420). ... [7] The death of the declarant creates the necessity for resort to hearsay and the declarations, being those of a present existing state of mind, made in a natural manner and not under circumstances of suspicion, carry the probability of truthworthiness. (VI Wigmore, 1725, p. 80.)”
1 later decision quote this exact passage“Insofar as selecting the penalty is concerned the law does not itself prescribe, nor authorize the court to innovate any rule circumscribing the exercise of your discretion, but, rather commits the whole matter of its exercise to your judgment and conscience.”
1 later decision quote this exact passage“that a long-continued provocatory course of conduct of Mrs. Brust culminated in bringing defendant to a point where his capacity for cool deliberation was substantially impaired.”
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.