70 Or. App. 721 - State v. Conway’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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The traditional hearsay rule and the many concepts attending it, including the official records exception, came into the law long before the adoption of the federal and state constitutions. As the Supreme Court pointed out in State ex rel. Gladden v. Lonergan, [ 201 Or. at 176 , 269 P.2d 491 ,] Article I, section 11, did not abolish the `well-established exceptions' to the hearsay rule. One of the court's earliest discussions relating to historical exceptions is found in State v. Saunders , where the court upheld the constitutionality of the dying declaration exception: "`[The Oregon Confrontation Right] does not apply to such documentary evidence to establish collateral facts, as would be admissible under the rules of the common law in other cases.' 14 Or. at 305 [ 12 P. 441 ]. "Under that standard, there is no question but that the public records exception satisfies the constitution. As the state suggested in its brief, perhaps there is no other hearsay exception with a firmer basis in common law."”

   1 later decision quote this exact passage
   e.g. 247 Or. App. 362 - State v. Copeland