73 Wash. 2d 271 - State v. Davis’s Empirical Analysis
1968
Citation profile
132 state decisions
How this case has been cited
Cited by 135 later decisions (2 by the Supreme Court) — most recently May 2021 · most notably Lego v. Twomey (1972), 97 Wash. 2d 493 - State v. Grisby (1982)
132 state decisions — followed in 10 states
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 Miranda v. State of Arizona Vignera · Brady v. State of Maryland · Chapman v. State of California · Johnson v. Zerbst · Johnson v. State of New Jersey
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 135 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“For a witness to be "available" to one party to an action, there must have been such a community of interest between the party and the witness, or the party must have so superior an opportunity for knowledge of a witness, as in ordinary experience would have made it reasonably probable that the witness would have been called to testify for such party except for the fact that his testimony would have been damaging.”
7 later decisions quote this exact passage“where evidence which would probably be part of a case is within the control of the party whose interest it would naturally be to produce it, and, without satisfactory explanation, he fails to do so, the jury may draw an inference that it would be unfavorable to him.”
4 later decisions quote this exact passage“unless the witness's testimony would be damaging.”
4 later decisions quote this exact passagee.g. State v. Mark · State v. Reed
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.