People v. Gonzalez’s Empirical Analysis

Citation profile

6 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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “must sustain an initial burden of showing that the opposing party has failed to call a witness who could be expected to have knowledge regarding a material issue in the case and to provide testimony favorable to the opposing party. The burden then shifts to the opposing party, in order to defeat the request, “to ■ account for the witness’ absence or otherwise demonstrate that the charge would not be appropriate. This burden can be met by demonstrating that the witness is not knowledgeable about the issue, that the issue is not material or relevant, that although the issue is material or relevant, the testimony would be cumulative to other evidence, that the witness is not ‘available,’ or that the witness is not under the party’s ‘control’ such that he would not be expected to testify in his or her favor.””

   1 later decision quote this exact passage · from the majority
   e.g. 275 F. Supp. 2d 321 - Campbell v. Fischer

2. “[I]f the party opposing the charge can demonstrate ... that the witness' whereabouts are unknown and that diligent efforts to locate him have been unsuccessful ... the charge should not be given.”

   1 later decision quote this exact passage · from the majority
   e.g. Reid v. Senkowski