State v. Francis’s Empirical Analysis

Citation profile

1 federal appellate · 17 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The mere fact that a party fails to produce a particular person who may have some knowledge of the facts involved does not justify application of the inference against him. However, when it can be said “with reasonable assurance that it would have been natural for a party to have called the absent witness but for some apprehension about his testimony,” an inference may be drawn by the jury that the testimony would have been unfavorable.”

   1 later decision quote this exact passage
   e.g. Dickey v. McCord

2. “1. The conduct complained of viewed in context and in light of the facts and circumstances of the case. 2. The curative measures undertaken by the court and the prosecution. 3. The intent of the prosecutor in making the improper statement. 4. The cumulative effect of the improper conduct and any other errors in the record. 5. The relative strength or weakness of the case.”

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

3. “1) the witness had knowledge of material facts; 2) that a relationship exists between the witness and the party that would naturally incline the witness to favor the party; and 3) that the missing witness was available to the process of the court for trial.”

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