State v. Valentine’s Empirical Analysis

Citation profile

37 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “" '[TJestimony which, by clear inference, showed that an alleged accomplice had implicated the defendant in the offense involved, was just as much hearsay and objectionable as the implicating statement itself would have been.... [T]he extrajudicial statement of a third person [that] was attempted to be used as evidence of the guilt of the accused, [is] a clear-cut hearsay violation.’ ””

   2 later decisions quote this exact passage
   e.g. State v. Lee · State v. Smith

2. ““It is hornbook law that a witness may not testify to facts if those facts are based on hearsay. It is no less a violation of the hearsay rule to set up a set of circumstances by the testimony of a witness which invites the inference of hearsay.””

   2 later decisions quote this exact passage
   e.g. State v. Logan · State v. Hunter

3. “"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 passage
   e.g. State v. Moore