62 Ohio App. 2d 31 - State v. Johnson’s Empirical Analysis

Citation profile

25 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(A) Demand for Discovery. Upon written request each party shall forthwith provide the discovery herein allowed. Motions for discovery shall certify that demand for discovery has been made and the discovery has not been provided. {¶ 97} "(B) Disclosure of Evidence by the Prosecuting Attorney. {¶ 98} "(1) Information subject to disclosure. {¶ 99} "* * * {¶ 100} "(g) In camera inspection of witness' statement. Upon completion of a witness' direct examination at trial, the court on motion of the defendant shall conduct an in camera inspection of the witness' written or recorded statement with the defense attorney and prosecuting attorney present and participating, to determine the existence of inconsistencies, if any, between the testimony of such witness and the prior statement. {¶ 101} "If the court determines that inconsistencies exist, the statement shall be given to the defense attorney for use in cross-examination of the witness as to the inconsistencies. *Page 25 {¶ 102} "If the court determines that inconsistencies do not exist the statement shall not be given to the defense attorney and he shall not be permitted to cross-examine or comment thereon. {¶ 103} "Whenever the defense attorney is not given the entire statement, it shall be preserved in the records of the court to be made available to the appellate court in the event of an appeal.”

   3 later decisions quote this exact passage
   e.g. 62 Ohio App. 2d 39 - State v. Borsick · 37 Ohio App. 3d 3 - State v. Henry

2. “(1) a written statement made by said witness and signed or otherwise adopted or approved by him; "(2) a stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital or an oral statement made by said witness and recorded contemporaneously with the making of such oral statement; * * * "* * * "We find the following explanation of the Jencks Act from the annotation in 5 L.Ed.2d 1014 , 1025 , 1026-1027 , Sections 12[a] and [c] to be helpful in the instant case: "* * * "[c] Only a `substantially verbatim,' not a precisely verbatim, recital of a government witness' pretrial oral statement is required. * * * What is meant is that the statement should give the substance of what a government witness said and, so far as the substance is concerned, substantially in the words of the witness. To be `substantially verbatim,' a document must contain a fairly comprehensive reproduction of the witness' words, and continuous, narrative statements made by the witness, and not merely fragmentary notes, jottings, scraps, or writings, or the agent's own interpretations or impressions.”

   2 later decisions quote this exact passage
   e.g. State v. Brown, Unpublished Decision (5-4-2005) · State v. Valenzona, Unpublished Decision (12-20-2007)