McGriff v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he confrontation clause ... of the state constitution, which provides `[i]n all criminal prosecutions the accused shall enjoy the right ... to meet the witnesses face to face ...,' provides a right identical to that stated in the federal Constitution's confrontation clause....”

   2 later decisions quote this exact passage
   e.g. State v. Foster · State v. Hearn

2. “(a) An out-of-court statement made by a child under 11 years of age at the time of the proceeding concerning an act that is a material element of the offense relating to sexual abuse, or physical abuse ... that is not otherwise admissible in evidence is admissible in any judicial proceeding if ...: (2)a. The child is found by the court to be unavailable to testify on any of these grounds: 1. The child's death; 2. The child’s absence from the jurisdiction; 3. The child’s total failure of memory; 4. The child’s persistent refusal to testify despite judicial requests to do so; 5. The child’s physical or mental disability; 6. The existence of a privilege involving the child; 7. The child’s incompetency, including the child’s inability to communicate about the offense because of fear or a similar reason; or 8. Substantial likelihood that the child would suffer severe emotional trauma from testifying at the proceeding or by means of a videotaped deposition or closed-circuit television; and b. The child’s out-of-court statement is shown to possess particularized guarantees of trustworthiness.”

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

3. “The right of a criminal defendant to confront the witnesses against him ... is not absolute ... and does not require that every witness testify in court in front of the defendant.”

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