Herdman v. Smith’s Empirical Analysis
707 F.2d 839 · 1983
Citation profile
7 federal appellate · 5 state decisions
How this case has been cited
Cited by 17 later decisions — most recently September 2005
7 federal appellate · 5 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 375 So. 2d 1319 - Corsey v. State, Through Dept. of Corrections · Stapleton v. Kawasaki Heavy Industries, Ltd. · 372 So. 2d 560 - Nathan v. Carter · Gasquet v. Commercial Union Ins. Co.
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“circumstantial guarantees of trustworthiness”
4 later decisions quote this exact passage · from the majority“'the nature -- written or oral -- and character of the statement, the relationship of the parties, the probable motivation of the declarant in making the statement, and the circumstances under which it was made. * * * Also significant are the knowledge and qualifications of the declarant.'”
2 later decisions quote this exact passage · from the majority“1. The statement has “circumstantial guarantees of trustworthiness” equivalent to the enumerated hearsay exceptions of Rules 803 and 804; 2. the statement is offered as evidence of a material fact; 3. the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; 4. the general purposes of the rules of evidence and the interest of justice will be served by admission of the statement into evidence; and 5. the proponent of the statement has made it known to the adverse party sufficiently in advance of trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it.[ 9 ]”
1 later decision quote this exact passage · from the majority
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.