Rodriguez v. State’s Empirical Analysis

Citation profile

1 district · 10 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Prior testimony bears an adequate indi-cia of reliability when the prior testimony was given under oath, when it was given while the defendant was represented by counsel, when the defendant’s counsel should and did cross-examine the witness, and when cross-examination which would be conducted at trial would not touch upon any new and significantly material line of inquiry.”

   2 later decisions quote this exact passage
   e.g. Farmer v. State · Cardenas v. State

2. “I would adopt a rule to the effect that testimony from the preliminary examination is admissible at trial assuming the conditions of Rule 804(b)(1), Wyoming Rules of Evidence, are met. The defendant would have an opportunity to show good cause to the court that the prior testimony should not be admitted because of a manifest injustice arising out of the circumstances. The greater certainty would be helpful to counsel who would know that if they perceive any advantage to the client at cross-examination, they should pursue it at the preliminary examination. They would understand that the prior testimony would be admissible at trial, and the burden would be upon the defendant to explain why it should not be admitted. In most cases the result would be no different from the result of the majority opinion in this case except that counsel would know that they could not forego cross-examination with the expectation of relying upon the lack of cross-examination to defeat the admissibility of the prior testimony at trial.”

   1 later decision quote this exact passage
   e.g. Cardenas v. State

3. “When insufficiency of the evidence is argued, we examine and accept as true the evidence favorable to the prosecution leaving out of consideration entirely the evidence favorable to the defendant in conflict therewith, and give the evidence of the prosecution every favorable inference which may be reasonably and fairly drawn therefrom.”

   1 later decision quote this exact passage
   e.g. Hopkinson v. Shillinger