State v. Moriarty’s Empirical Analysis

Citation profile

1 district · 17 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`For us to disturb the evidentiary rulings of the circuit court, we must determine that an abuse of discretion has occurred. Once again, an abuse of discretion refers to a discretion exercised to an end or purpose not justified by, and clearly against reason and evidence.'”

   4 later decisions quote this exact passage
   e.g. State v. Henry · State v. Shaw

2. “Before a prior consistent statement will qualify as nonhearsay under the rule, the proponent must demonstrate three things. First, [the proponent] must show the prior consistent statement is consistent with the [witness’s] in-court testimony. Second, [the proponent] must establish that the statement is being used to rebut an express or implied ' charge against the witness of recent fabrication or improper motive or influence. Finally, the proponent must demonstrate that the prior consistent statement was made prior to the time the supposed motive to falsify arose.”

   1 later decision quote this exact passage
   e.g. State v. Midgett

3. “Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain, or sensation, or the inception or general character of the cause or external source thereof are not excluded by § 19-16-4 insofar as reasonably pertinent to diagnosis or treatment, even though the declarant is available as a witness.”

   1 later decision quote this exact passage
   e.g. 962 F. Supp. 1556 - Olesen v. Class