State v. Gatone’s Empirical Analysis

Citation profile

32 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the testimony of the witness himself or herself.””

   2 later decisions quote this exact passage
   e.g. State v. Hall · State v. Addison

2. ““The indictment charges all five defendants with conspiracy to commit the murder of John Carpenter and conspiracy to commit the crime of assault * * * with intent to murder Lorenzo Evans. “The evidence has established that on that day, and the inferences that this evidence reasonably warrants, is that five men in two vehicles, with a minimum of four guns, were at the scene of Dexter and Division Street, that three men with guns followed the car onto Dexter Street, that two men, one of whom has been testified to as having a gun, a revolver, in his hand, that is, the defendant Ferrell, backed up his automobile back to the intersection of Division and Harrison, and laid in wait for Lorenzo Evans. “Those facts, if believed by a jury, establish a chain of inferences [from] which a jury could find there was an agreement between those five persons to commit substantive offenses. “Under our law, the gravamen of a criminal conspiracy is a common agreement between one or more persons to do an unlawful act. The Supreme Court has recognized that it is usually very difficult to prove in complete detail the explicit terms of an agreement. The existence of an agreement to enter into a criminal enterprise or to commit a criminal act can be established by inference, that is, the goals of the conspirators can be inferentially established by proof of the relations, conduct, circumstances and actions of the parties. Viewed in the light most favorable to the State, there are two cars on Division ”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Oliveira

3. ““The factors to be considered when determining the independent reliability of an identification are the opportunity of the witness to view the criminal at the time of the crime, the witness’s degree of attention, the accuracy of his prior description of the criminal, the level of certainty demonstrated at the confrontation, and the time between the crime and the confrontation.” Gatone, 698 A.2d at 236 (citing Neil v. Biggers, 409 U.S. 188, 199-200 , 93 S.Ct. 375, 382-83 , 34 L.Ed.2d 401, 411 (1972)).”

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