State v. Caulfield’s Empirical Analysis

Citation profile

1 district · 61 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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “critical determinative factor in assessing whether a statement is testimonial is whether it was prepared for litigation.”

   3 later decisions quote this exact passage
   e.g. 41 Cal. 4th 555 - People v. Geier · State v. Washington

2. “ex paHe in-court testimony or its functional equivalent — that is, material such as affidavits, custodial examinations, prior testimony that the defendant was unable to cross-examine, or similar pretrial statements that declarants would reasonably expect to be used prosecutorially; extrajudicial statements ... contained in formalized testimonial materials, such as affidavits, depositions, prior testimony, or confessions; statements that were made under circumstances which would lead an objective witness reasonably to believe that the statement would be available for use at a later trial.”

   1 later decision quote this exact passage
   e.g. State v. O'MALEY

3. “the guilty verdict actually rendered was “surely unattributable” to the error. When determining whether the jury’s verdict was surely unattributable to an error, we examine the record as a whole. In doing so, we consider the manner in which the evidence was presented, whether the evidence was highly persuasive, whether it was used in closing argument, and whether it was effectively countered by the defense. Evidence of the defendant’s guilt is also a relevant consideration, but it is not the sole factor.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Wright