6 Misc. 3d 892 - People v. Dobbin’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The 911 call, in this case, contains a solemn declaration for the purpose of establishing the fact that the defendant is committing a robbery. The caller is making a formal out of court statement to a government officer for the purpose of establishing this fact. The caller’s statement is not a “casual remark to an acquaintance.” The caller was officially reporting a crime to the government agency entrusted with this very serious and important function. As such, the 911 call falls within the category of out of court statements which reflect the focus of the Confrontation Clause; the out of court statements of “ ‘witnesses’ against the accused in other words, those who ‘bear testimony.’ ” Second, further guidance as to whether the 911 call’s ■ content is a testimonial statement is provided in Crawford when we are given various examples of the type of out of court statements that fit within the class of testimonial statements. The broad categories of “various formulations of this core class of ‘testimonial’ statements,” are “ex parte in-court testimony or its functional equivalent” and out of court “similar pre-trial statements.” Among this type of pretrial statements, the Supreme Court lists, “pre-trial statements that declarants would reasonably expect to be used prosecutorially,” and “statements that were made under circumstances which would lead an objective witness reasonably to believe that the statement would be available for use at a later trial.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Davis