State v. Smith’s Empirical Analysis

Citation profile

2 federal appellate · 49 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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[B]efore a court can find a child victim unavailable for the purpose of admitting his or her hearsay statements under RCW 9A.44.120, it must consider the use of closed-circuit television pursuant to RCW 9A.44.150 if there is evidence that the child victim may be able to testify in an alternative setting. In addition, if closed-circuit television equipment is not readily available in the courtroom, the court may consider whether the cost of bringing in outside equipment is unreasonable. Because testimony was offered in this case that J.S. might be able to testify in an alternative setting, the trial court erred in admitting her hearsay statements without first determining that she would not be able to testify via closed-circuit television or that bringing in outside equipment would be financially unreasonable.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Coronado v. State · 127 Wash. App. 209 - State v. Ulestad

2. “Error is harmless 'if we are convinced beyond a reasonable doubt that any reasonable jury would have reached the same result without the error.'”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Black (In Re Black) · State v. Jones

3. “the `overwhelming untainted evidence' test.”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Davis · State v. Lord