State v. Martens’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. The defendant’s ability to testify and otherwise participate in his or her defense; 2. Whether the amnesia is temporary or permanent; 3. Whether the crime and defendant’s whereabouts at the time of the crime can be reconstructed without the defendant’s testimony, including any facts giving rise to a defense; 4. Whether access to the prosecutor’s files would assist in preparing for trial; 5. The strength of the prosecutor’s ease against the defendant.”

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

2. “In a way, the inability to personally testify about the facts of an incident is a disability shared to some degree by many defendants due to natural memory attrition or the failure to observe.”

   1 later decision quote this exact passage
   e.g. People v. Palmer

3. “A prosecutor may not, however, express or imply his or her personal belief in the truth or falsity of the testimony of a witness.”

   1 later decision quote this exact passage
   e.g. State of Iowa v. Perry Dale VanDekieft