Hatcher v. State’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) Prohibited Uses. Evidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character. (2) Permitted Uses; Notice in a Criminal Case. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. On request by a defendant in a criminal case, the prosecutor must: (A) provide reasonable notice of the general nature of any such evidence that the prosecutor intends to offer at trial; and (B) do so before trial—or during trial if the court, for good cause, excuses lack of pretrial notice.”

   2 later decisions quote this exact passage
   e.g. Jeremiah Edward Erickson v. State of Indiana · State v. Pond

2. “[T]here is “ ‘no hard and fast’ rule governing the time period in which the State should respond to an appropriate request under 404(b).” The reasonableness of the State’s notice is not merely a function of its relation in time to either the defendant’s request for notice or the date of trial. Determining whether the State’s notice was reasonable requires an examination of whether the purpose of the notice provision was achieved in light of the circumstances of a particular case. The purpose of the reasonable notice requirement in Rule 404(b) “is to reduce surprise and to promote the early resolution of questions of admissibility.””

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

3. “was sufficient to promote the early resolution of questions of admissibility. As a preliminary matter, the trial court heard [the defendant’s] objections and argument regarding the reasonableness of the State’s notice and the admissibility of each item and witness contained in the notice, “one at a time.” During this hearing, the State provided a summary of each witness’ [sic] testimony. In these circumstances, the trial court was warranted in finding that the State’s six-day notice was reasonable.”

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