People v. Green’s Empirical Analysis

Citation profile

8 federal appellate · 117 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 128 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “cross-examination neither may be nunc pro tunc nor may it be tunc pro nunc.”

   2 later decisions quote this exact passage
   e.g. 25 Cal. 3d 543 - People v. Johnny G. · 29 Cal. 3d 711 - People v. Winson

2. “It is elementary that the role of cross-examination is not simply to elicit a bald contradiction of the witness' direct testimony, a rare occurrence at best, but to focus the attention of the trier of fact on the witness' demeanor as he relates his story and then defends his version against the immediate challenge of the opposing attorney. By cross-examination `the accused has an opportunity, not only of testing the recollection and sifting the conscience of the witness, but of compelling him to stand face to face with the jury in order that they may look at him, and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief.' [Citation.] It is because demeanor — attitude and manner — is a significant factor in weighing testimonial evidence that it is axiomatic the trier of fact, before whom the witness testified and was cross-examined at trial, is the sole judge of the credibility of a witness and of the weight to be given his testimony.”

   1 later decision quote this exact passage
   e.g. 25 Cal. 3d 543 - People v. Johnny G.

3. “Lost in a cold reading of the transcript is the more subtle yet undeniable effect of counsel’s rhetorical style, his pauses for emphasis and his variations in tone, as well as his personal rapport with the jurors, as he pursues his peroration. Forensic indignation, whether expressed physically or verbally, may produce good results in special circumstances. Coun sel must always temper his summation to the individual jurors, using their reactions as a guide to the most effective line of argument. He will keep in mind that he is a performer and the juries are his audience. No good performer ignores his audience, and all good performances are conducted for the purpose of favorably impressing the audience.”

   1 later decision quote this exact passage
   e.g. Ross v. Coleman Co., Inc.