71 Cal. 2d 933 - People v. Spencer’s Empirical Analysis

Citation profile

5 federal appellate · 57 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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(1) The evidence is offered to prove the declarant’s state of mind, emotion, or physical sensation at that time or at any other time when it is itself an issue in the action; or “(2) The evidence is offered to prove or explain acts or conduct of the declarant.””

   3 later decisions quote this exact passage
   e.g. People v. Pearch · People v. Roy

2. ““Our determination herein also is in accord with what we recently said in Ireland with respect to the application of section 1250. In that case the trial court permitted the prosecution to introduce the hearsay statement of the victim that, T know he’s [defendant] going to kill me. I wish he would hurry up and get it over with. He’ll never let me leave,’ as being relevant to rebut an alleged inference that the deceased was the aggressor. We held that the admission of that hearsay statement was error because ‘the defense did not raise any issue of fact with respect to [the deceased’s] conduct immediately preceding her death. The undisputed evidence . . . established that [the deceased] was reclining on a couch when she was shot by defendant.’ (Original italics.) (70 Cal.2d at pp. 530-531.) Unlike Ireland , this claim of self-defense in the instant case raises a question of fact with respect to Emily’s conduct on May 5, i.e., whether or not she was the aggressor, and therefore her statement is admissible ‘to prove or explain [her] acts or conduct.’ (§ 1250, subd. (a)(2).)””

   1 later decision quote this exact passage
   e.g. People v. Pinn