49 Or. App. 313 - State v. Newman’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he search of defendant's purse for identification was neither physically nor psychologically intrusive and was, under the circumstances of this case, the most efficient means of ascertaining her identity.” 2 LaFave, supra, at 527. . West Virginia Rule of Evidence 1002 states: Requirement of Original. To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by statute. . Wagner also argues that the State failed to provide a foundation for the introduction of the secondary evidence of Smith’s testimony. However, it was Wagner’s attorney who introduced Smith's handwritten letter to Wagner into evidence in an effort to impeach her credibility by showing that her own letter contained statements which were inconsistent with her direct testimony. Once Smith’s letter was admitted into evidence, she was entitled to explain any apparent inconsistencies between what she wrote in the letter and what she stud Wagner told her on the night in question. “Under Rule 613, if extrinsic evidence of the prior statement is to he admissible, the witness who made the prior statement must be given the opportunity to explain or deny it.”

   1 later decision quote this exact passage
   e.g. 181 W. Va. 482 - Wagner v. Hedrick

2. “The police were acting pursuant to a statute which permitted them discretion in deciding whether to take intoxicated persons home rather than to jail. When the woman could not or did not supply them with identification, they searched her purse for identification and found drugs. The court stated that”

   1 later decision quote this exact passage
   e.g. 181 W. Va. 482 - Wagner v. Hedrick