Morton v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The following are not excluded by the hearsay rule, even though the declarant is available as a witness: [[Image here]] (23) Other Exceptions. A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if the court determines that (a) the statement is offered as evidence of a material fact; (b) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (c) the general purposes of these rules and the interest of justice will best be served by admission of the statement into evidence. A.R.E. 804(b)(1) provides: (b) Hearsay Exceptions. The following are not excluded by the hearsay rule if the declar-ant is unavailable as a witness: (1) Former testimony. Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of another proceeding, if the party against whom the testimony is now offered, or, in a civil action or proceeding, a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.”

   1 later decision quote this exact passage
   e.g. Thayer v. Municipality of Anchorage

2. “[n]othing precludes the defense from seeking state assistance in finding an absent witness,”

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

3. “indicated that the defendant should have at least attempted to obtain a subpoena in Hawaii.”

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