Fincher v. State’s Empirical Analysis

Citation profile

1 federal appellate · 38 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The circumstances which affect the particular credit of the witness are generally incapable of proof save by his acts or declarations, and it is hut jiist that the witness should have his attention directed to them, and whatever explanation can be given of them without entering into particulars, should be received. ... If the witness should deny the relationship or bias, it may be proved by other evidence. Declarations in the presence of third persons, indicative of hostility, may be Called to the attention of the witness, and he may be required to admit or deny them; if he deny them, the person hearing them, to whom the attention of the witness is directed, may be called to contradict him. How far the bias of the witness, from whatever cause it arises, affects his credibility, is a question for the consideration of the jury, and depends upon his manner of testifying before them, the consistency of his evidence with other evidence in the cause, and the probability of its truth or falsity when considered in connection with all ihe facts and circumstances surrounding the far lies, which are parts of the transaction. The law does not discredit the witness because of the bias — it is simply a fact for the consideration of the jury in determining how far they can safely rely on his testimony.””

   1 later decision quote this exact passage
   e.g. Fuller v. Fried