Clarke v. Vandermeer’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““1. The nature of the startling event; “2. The declarant’s physical manifestation of excitement; “3. The declarant’s age; “4. The lapse of time between the event and the hearsay statement; and “5. Whether the statement was made in response to an inquiry.” Clarke v. Vandermeer, 740 P.2d at 927 .”

   4 later decisions quote this exact passage
   e.g. Horton v. State · James v. State

2. ““ ‘The fact of the matter is that too often such admonition against misuse is intrinsically ineffective in that the effect of such a nonadmissible declaration cannot be wiped from the brains of the jurors. The admonition therefore becomes a futile collocation of words and fails of its purpose as a legal protection to defendants * * *.' " Quoting from Paoli v. United States, 352 U.S. 232, 247 , 77 S.Ct. 294, 302 , 1 L.Ed.2d 278 (1957),”

   1 later decision quote this exact passage · from the dissent
   e.g. Burke v. State

3. “Evidence that a person was or was not insured against liability is not admissible upon the issue whether he acted negligently or otherwise wrongfully. This rule does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness.”

   1 later decision quote this exact passage
   e.g. 167 N.C. App. 674 - Williams v. Bell