5 Misc. 3d 709 - People v. Mackey’s Empirical Analysis

Citation profile

1 federal appellate · 14 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Mackey court began by recognizing that courts in New York and throughout the country have held that responses to police officers during a prehminary field investigation are not barred as “testimonial” statements under Crawford if the statements and the circumstances in which the statements were made lack the requisite formality to constitute a police interrogation. See People v. Newland, 6 A.D.3d 330 , 775 N.Y.S.2d 308 (1st Dept.2004) (concluding that a brief, informal remark to an officer conducting a field investigation which was not made in response to structured police questioning should not be considered a testimonial statement); State v. Forrest, 164 N.C.App. 272 , 596 S.E.2d 22 (Court of Appeals of North Carolina, 2004) (holding statements initiated by complaining witness to police immediately after rescue were non-testimonial in nature). But cf. Moody v. State, 277 Ga. 676 , 594 S.E.2d 350 (Ga.2004) (finding statements of deceased victim to a police officer during a field investigation of a previous, separate incident two years prior involving defendant were testimonial and admission of this testimony was error).”

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

2. “the extent of a formalized setting in which the statements were made, if and how the statements were recorded, the declarant’s primary purpose in making the statements, whether an objective declarant would believe those statements would be used to initiate prosecutorial action and later at trial, and specifically with cases involving statements to law enforcement, the existence of any structured questioning and whether the declarant initiated the contact.”

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