484 So. 2d 882 - State v. Harrison’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Defendant's attempted cross-examination about the arrest was not for the purpose of impeaching the witness' general credibility—the arrest was not presented as proof that the witness is not credible because he has an arrest record. If that had been the case the trial court's ruling would have been correct. Rather, the focus of defendant's questioning was to establish that the district attorney's office had leverage over Mr. Brown as a result of the pending charge (or at least that Mr. Brown might have assumed so), a reason why Mr. Brown's credibility was or might be suspect in this particular case. R.S. 15:492 permits a witness to be questioned as to "any particular fact showing or tending to show" bias or interest in the case on trial and this Court has held on numerous occasions that a witness' hope or knowledge that he will receive leniency from the state is highly relevant to establish bias or interest. . . . . The trial court's ruling prevented the defendant from directly challenging the disinterestedness of the prosecution's only witness and prevented the jury from considering relevant information which could have diminished or negated the credibility of the state's only witness. We conclude that the limitation of defendant's cross-examination was prejudicial to the substantial rights of the accused, both his statutory right to impeach a witness' credibility by showing bias or interest and his constitutional right to cross-examine a witness against him. R.S. 15:492, Uni”

   1 later decision quote this exact passage
   e.g. 546 So. 2d 1241 - State v. Brumfield

2. “§ 492. Bias, interest, or corruption of witness; questions concerning particular acts When the purpose is to show that in the special case on trial the witness is biased, has an interest, or has been corrupted, it is competent to question him as to any particular fact showing or tending to show such bias, interest or corruption, and unless he distinctly admit such fact, any other witness may be examined to establish the same. § 495. Impeachment by evidence of conviction; condition precedent to proof by others; prohibition against cross-examination as to indictment or arrest Evidence of conviction of crime, but not of arrest, indictment or prosecution, is admissible for the purpose of impeaching the credibility of the witness, but before evidence of such former conviction can be adduced from any other source than the witness whose credibility is to be impeached, he must have been questioned on cross-examination as to such conviction, and have failed distinctly to admit the same; and no witness, whether he be defendant or not, can be asked on cross-examination whether or not he has even been indicted or arrested, and |incan only be questioned as to conviction, and as provided herein.”

   1 later decision quote this exact passage
   e.g. 818 So. 2d 76 - State v. Davis

3. “The trial judge’s ruling missed the point. Defendant’s attempted cross-examination about the arrest was not for the purpose of impeaching the witness’ general credibility — the arrest was not presented as proof that the witness is not credible because he has an arrest record. If that had been the case the trial court’s ruling would have been correct. Rather, the focus of defendant’s questioning was to establish that the district attorney’s office had leverage over Mr. Brown as a result of the pending charge (or at least that Mr. Brown might have assumed so), a reason why Mr. Brown’s credibility was or might be suspect in this particular case. R.S. 15:492 permits a witness to be questioned as to ‘any particular fact showing or tending to show’ bias or interest in the case on trial and this Court has held on numerous occasions that a witness’ hope or knowledge that he will receive leniency from the state is highly relevant to establish bias or interest. (Citations and footnote omitted.)”

   1 later decision quote this exact passage
   e.g. 818 So. 2d 76 - State v. Davis