5 Cal. 3d 342 - People v. Linder’s Empirical Analysis
1971
Citation profile
4 federal appellate · 50 state decisions
How this case has been cited
Cited by 57 later decisions — most recently January 2017 · most notably 24 Cal. 4th 889 - People v. Cromer (2001), 11 Cal. 4th 475 - People v. Sanders (1995)
4 federal appellate · 50 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 46 Cal. 2d 818 - People v. Watson · Barber v. Page · People v. McFarlane · People v. Cavazos · 3 Cal. App. 3d 687 - People v. Benjamin
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“What constitutes due diligence to secure the presence of a witness depends upon the facts of the individual case. [Citation.] The term is incapable of a mechanical definition. It has been said that the word 'diligence' connotes persevering application, untiring efforts in good earnest, efforts of a substantial character. [Citation.] The totality of efforts of the proponent to achieve presence of the witness must be considered by the court. Prior decisions have taken into consideration not only the character of the proponent's affirmative efforts but such matters as whether he reasonably believed prior to trial that the witness would appear willingly ..., whether the search was timely begun, and whether the witness would have been produced if reasonable diligence had been exercised [citation].”
1 later decision quote this exact passagee.g. In re Miles“'unavailable as a witness' means that the declarant is . . . (a)bsent from the hearing and the proponent of his statement has exercised reasonable diligence but has been unable to procure his attendance by the court's process.”
1 later decision quote this exact passage“connotes persevering application, untiring efforts in good earnest, efforts of a substantial character .”
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.