State v. Lowe’s Empirical Analysis
2001
Citation profile
11
cited by 11 later decisions
1
states following
March 2018
most recently cited
11 state decisions
Relationships
Relies on Great State Beverages, Inc. v. Wenners · Attwood v. Singletary · Emigrant Savings Bank v. Cam · State v. Colton · Tarvis v. Moran
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The state's burden with respect to chain of custody is met by a showing that there is a reasonable probability that the substance has not been changed in important respects.... The court must consider the nature of the article, the circumstances surrounding its preservation and custody and the likelihood of intermeddlers tampering with it .... Thus, this court has found sufficient evidence to establish an adequate chain of custody where there is testimony that evidence was transferred between law enforcement personnel, delivered and received by the state toxicology laboratory and was identified at trial as the same evidence in an unchanged condition with no indication of tampering.”
1 later decision quote this exact passage“Appellate courts grant great deference to a trial court's ruling on the admissibility of evidence ... and will not disturb such rulings absent a clear abuse of the trial court's discretion.... As a general rule, it may be said that the prosecution is not required or compelled to prove each and every circumstance in the chain of custody beyond a reasonable doubt .... It is not necessary for every person who handled the item to testify in order to establish the chain of custody. It is sufficient if the chain of custody is established with reasonable certainty to eliminate the likelihood of mistake or alteration.”
1 later decision quote this exact passage“an affirmative showing that the evidence was in some way tampered with, misplaced, mislabeled or otherwise mishandled”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.