6 Or. App. 391 - State v. Wardius’s Empirical Analysis

Citation profile

9 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ (1) If the defendant in a criminal action proposes to rely in any way on alibi evidence, he shall, not less than five days before the trial of the cause, file and serve upon the district attorney a written notice of his purpose to offer such evidence, which notice shall state specifically the place or places where the defendant claims to have been at the time or times of the alleged offense together with the name and residence or business address of each witness upon whom the defendant intends to rely for alibi evidence. If the defendant fails to file and serve such notice, he shall not be permitted to introduce alibi evidence at the trial of the cause unless the court for good cause orders otherwise. “ (2) As used in this section, ‘ alibi evidence ’ means evidence that the defendant in a criminal action, was, at the time of commission of the alleged offense, at a place other than the place where such offense was committed.” (Emphasis supplied.) This statute was found to be constitutionally defective in not expressly requiring reciprocal discovery. The Supreme Court, while conceding that the Oregon courts could have remedied this omission by judicial construction, held that, since the State courts had never considered the question, a defendant ran the impermissible risk of being denied reciprocity. In the instant case the defendant contends that the New York statute (CPU 250.20) is similarly defective.”

   2 later decisions quote this exact passage
   e.g. State v. Edgmand · People v. Carter

2. “Defendant next contends that since he is guaranteed the right to take the stand in his own behalf by our constitution (Oregon Constitution, Art. I, § 11), he has an absolute right to do so and, in so doing, to testify himself, as well, concerning alibi as well as any other relevant matter.”

   1 later decision quote this exact passage
   e.g. State v. Douglas

3. “The Wisconsin Supreme Court recently considered this claim under a similar statute, and said:”

   1 later decision quote this exact passage
   e.g. State v. Douglas