5 Neb. Ct. App. 291 - State v. Newman’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘[Statements need not be made contemporaneously with the exciting cause but “may be subsequent to it, provided there has not been time for the exciting influence to lose its sway and to be dissipated.” ’... ‘[T]he key requirement is spontaneity, a showing that the statement was made without time for conscious reflection.’ . . . However, the time interval between the startling event and the statements in question is not ‘of itself dispositive of the spontaneity issue.’ . . . The permissible length of time between the statement and the startling event is determined on the unique facts of each case.””

   1 later decision quote this exact passage
   e.g. 9 Neb. Ct. App. 621 - State v. Sanchez-Lahora

2. ““ ‘While it is not necessary to show that the declarant was visibly excited in order to qualify under the excited utterance exception ... a declarant’s nervous state is relevant to the issue of whether the statement was made by the declarant while under the stress of the event.’ ” “ ‘ “ ‘[T]he true test in spontaneous exclamations is not when the exclamation was made, but whether under all the circumstances of the particular exclamation the speaker may be considered as speaking under the stress of nervous excitement and shock produced by the act in issue”

   1 later decision quote this exact passage
   e.g. 9 Neb. Ct. App. 621 - State v. Sanchez-Lahora