Smith v. State’s Empirical Analysis

Citation profile

1 district · 20 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) In a criminal prosecution, the voluntary out-of-court prior statement of a witness who is present and subject to cross-examination may be used as affirmative evidence with substantive independent testimonial value. (b) The rule in subsection (a) of this section shall apply regardless of whether the witness' in-court testimony is consistent with the prior statement or not. The rule shall likewise apply with or without a showing of surprise by the introducing party.”

   3 later decisions quote this exact passage
   e.g. Wyche v. State · State v. Russo

2. ““Although Anderson was called as a witness and examined by the State, her statement was not offered into evidence when the State concluded its direct examination. As a result, Smith was left with two equally unsatisfactory alternatives. If he cross-examined Anderson about the statement before it had been offered as evidence, Smith would be calling the jury’s attention to a damning statement made by a witness who testified in his favor on direct examination. Alternatively, Smith could ignore the statement and hope that the State had decided not to put it into evidence. By choosing the latter course, Smith lost the opportunity to cross-examine Anderson about the statement.””

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

3. “[T]he [out-of-court] statement must be offered into evidence no later than at the conclusion of the direct examination of the declarant. We are not here restricting the offering party’s ability to introduce a [Section] 3507 statement into evidence through someone other than the declarant or at any time prior to the conclusion of the declar-ant’s direct testimony. We recognize that, for tactical and other reasons, the offering party should be allowed as much flexibility as the statute permits. However the introduction of a [Section] 3507 statement cannot be timed so as to place any strategic burden on the non-offering party.”

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