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← 661 N.W.2d 116 - State v. Gardner

State v. Gardner’s Empirical Analysis

2003

Citation profile

4
cited by 4 later decisions
3
states following
March 2019
most recently cited

4 state decisions

Relationships

Relies on In the Matters of Lee Roy Murchison and John Whites · State v. Hernandez-Lopez · Tyler v. Swenson · Gold v. Warden · State v. Baird

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

  1. “[I]t runs against the grain of fairness to say that the same judge may consider his own crucial testimony and recollection rebutting petitioner’s claim and simultaneously pass upon the credibility of all witnesses in weighing the evidence. A member of the judiciary has no peculiar competence in factual recollection of unrecorded events.... A party-should be permitted to test a judge’s recollection, as a witness presenting factual material testimony, us he would any other witness upon cross-examination.”
    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.