State v. Benson’s Empirical Analysis
1978
Citation profile
2 federal appellate · 6 state decisions
How this case has been cited
Cited by 8 later decisions — most recently July 2007
2 federal appellate · 6 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 State v. Cuckovich · State v. Swenson · State v. Jordan · State v. Ganaway · State v. McKinney
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.
“"Discovery procedures have changed the concept of a lawsuit from a `sporting contest' to a `search for truth.' An inference of unfavorability has a valid function only to the extent it constitutes a reasonable inference. If, in fact, it is known or is readily discoverable, that the testimony of the witness would be favorable to one side it does not serve justice to presume the contrary. There are circumstances where the inference is permissible, but the original reasons for the rule have been largely eliminated by the availability of discovery to both sides.... The inference is not, after all, a substitute for trial preparation or the truth."”
1 later decision quote this exact passagee.g. State v. Moore
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.