State v. Nunn’s Empirical Analysis

Citation profile

2 federal appellate · 12 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As a general rule in Missouri, declarations against penal interest by a third party are not admissible as an exception to the hearsay rule in criminal proceedings. State v. Turner, 623 S.W.2d 4 (Mo. banc 1981) [6, 7]; State v. Jones, 671 S.W.2d 296 (Mo.App.1984) [1]. In Chambers v. Mississippi, 410 U.S. 284 , 93 S.Ct. 1038 , 35 L.Ed.2d 297 (1973), it was held to be a denial of due process to exclude declarations against penal interest where the declarations were made “under circumstances that provided considerable assurance of their reliability.” The Missouri Supreme Court has held that Chambers is not to be extended “beyond the facts presented there.” [Turner, 623 S.W.2d at 9 ]. We do not find the indicia of reliability which forms the predicate for application of Chambers in this case. The statement in the medical report is not a direct quote; it does not identify the source of the doctor’s information; it is a single isolated statement; it concerns information which was not necessary for treatment of Hughes; as to who did the shooting, it is totally uncorroborated; and neither the declarant nor the writer of the report is available for cross-examination. We find no error in the court’s action in refusing to allow the evidence.”

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

2. “'withdrawal' is an abandonment of the struggle and such abandonment must be perceived or made known to the adversary.”

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