State v. Fox’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The right to offer the testimony of witnesses, and to compel their attendance, if necessary, is in plain terms the right to present a defense, the right to present the defendant’s version of the facts as well as the prosecution’s to the jury so it may decide where the truth lies. Just as an accused has the right to confront the prosecution’s witnesses for the purpose of challenging their testimony, he has the right to present his own witnesses to establish a defense. This right is a fundamental element of due process of law.”

   3 later decisions quote this exact passage
   e.g. Osborn v. State · State v. Peterson

2. “A number of courts have addressed the issue of whether use immunity is constitutionally required for essential exculpatory testimony.... The majority of these courts refuse to recognize such immunity as constitutionally required. (Citation omitted.) Generally, several policy reasons are given for this refusal. First, in granting use immunity to defense witnesses, the judicial branch risks encroaching on policy assessments traditionally made by the executive branch. See United States v. Thevis, 665 F.2d 616, 639-40 (5th Cir.1982). Second, defense use immunity significantly impairs the State’s ability to prosecute immunized witnesses and increases the State’s burden of proof. In such trials, the State must overcome the additional requirement that its evidence is “untainted” by the immunized testimony. Id. Last, the potential for abuse by eode-fendants, coconspirators, friends, and employees in defense use immunity cases is substantial. Id. As one court noted, granting use immunity to defense witnesses “could create opportunities for undermining the administration of justice by inviting cooperative perjury among law violators.” United States v. Turkish, 623 F.2d 769, 775 (2nd Cir.1980).”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Peterson · State v. Simpson

3. “refers to an order of court that compels a witness to give self-incriminating testimony while at the same time prohibiting the use of such testimony in a subsequent prosecution of the witness. Use immunity protects a witness only against the actual use of the compelled testimony and evidence derived directly or indirectly from such testimony. In contrast, transactional immunity protects the witness against all later prosecutions related to matters about which the witness testifies.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Simpson