Lipscomb v. State’s Empirical Analysis
1985
Citation profile
22 state decisions
How this case has been cited
Cited by 22 later decisions — most recently February 2022
22 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Ohio v. Roberts · California v. Green · Snyder v. Commonwealth of Massachusetts · Hullum v. United States · Joseph Skilken & Co. v. City of Toledo
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a] statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition”
3 later decisions quote this exact passage“How long can excitement prevail? Obviously there are no pat answers and the character of the transaction or event will largely determine the significance of the time factor.”
2 later decisions quote this exact passagee.g. Brandon v. State · Sluka v. State“The startling event in this case was the robbery. O’Donnell's initial statements, as related at trial by LaSage, were spontaneous and concerned the startling event itself. They were made during O’Donnell’s first contact with anyone besides the person who answered the telephone at the police station. O’Donnell apparently believed that Lipscomb had a gun and was prepared to use it if OTon-nell resisted. While O’Donnell was a mature adult, and the robbery did not involve unnecessary violence, the event taken as a whole (including the experience of being bound) could well have produced a state of excitement lasting until LaSage’s arrival shortly thereafter. [[Image here]] By contrast, statements by O’Donnell about what was taken and the precise order of events during the robbery by their narrative nature, the fact that they were in response to police questioning, and that they were more remote in time from the robbery itself are more properly characterized as the product of reflective thought than excited utterances. This is especially true of O’Donnell’s statements to Detective Nielsen, who arrived some thirty minutes after LaSage.”
1 later decision quote this exact passagee.g. Brandon v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.