State v. Henderson’s Empirical Analysis

Citation profile

2 federal appellate · 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The rationale of the hearsay rule is that when a statement is offered as evidence of the truth of the facts asserted in it, the credit of the asserter becomes the basis of the inference, and therefore the assertion can be received only when made upon the witness stand, subject to cross-examination. If, however, an extrajudicial statement is offered without reference to the truth of the matter asserted, the hearsay rule does not apply.”

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

2. “when a witness is impeached by proof of an inconsistent statement, relevant evidence of the witness’ prior statement consistent with his trial testimony is admissible for the purpose of rehabilitation. However, before this rule applies, “it is essential that the witness has been impeached by proof of his statements inconsistent with [his] present testimony.””

   1 later decision quote this exact passage
   e.g. Anuhco, Inc. v. Westinghouse Credit Corp.

3. “Where a witness, who testifies at the trial, is asked on cross-examination whether he has previously made an inconsistent statement and he denies doing so, it is premature for the party sponsoring that witness to offer evidence of a prior consistent statement so long as there has not yet been proof of a prior inconsistent statement.”

   1 later decision quote this exact passage
   e.g. Anuhco, Inc. v. Westinghouse Credit Corp.