State v. Dame’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In a jury trial, it is exclusively the province of the jury to determine the weight and credibility to be given to the testimony of each witness. [Citations omitted]. It is well settled by this court, therefore, that a trial justice’s comments upon the evidence, if made in the presence of the jury, must be ‘completely impartial,’ State v. Holland, 122 R.I. 339, 347 , 405 A.2d 1211, 1216 (1979) * * *' otherwise such a comment might result in a ‘clear invasion of the province of the jury.’ State v. Aptt, 441 A.2d 829 , State v. Pella, 101 R.I. 62, 70 , 220 A.2d 226, 231 (1966).””

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

2. “[a] statement that otherwise is hearsay is admissible if it 'relat[es] to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.' " Id. (quoting R.I. R. Evid. 803(2) ). Further, for the excited-utterance exception to apply, "the declarant must have had firsthand knowledge of the event to which the utterance pertains”

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

3. ““[I]t is the function of the jury to wrestle with such questions of fact rather than to have the question resolved by the trial justice who is generally looked upon with awe by the jurors and whose opinions, if given on questions of fact as well as of law, will enormously influence them.””

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