Burke v. State’s Empirical Analysis

Citation profile

36 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Huggins and Collins contend that Schwanke’s statements were not admissible under Fed.Rules Evid.Rule 801(d)(2)(E), 28 U.S.C.A. We disagree. Under Rule 801(d)(2)(E) a statement is not hearsay and is therefore admissible if made “by a coconspirator of a party during the course and in furtherance of the conspiracy.” At the time Schwanke was picked up he told Keith and Behunin that he needed help, he did not want to go to the hospital, and that he wanted to go to the home of the man who was going to pay him $100 for blowing up the building. Schwanke’s comments that he did not want to go to the hospital and that he wanted to collect $100 for blowing up the building were made during the course of and in furtherance of the conspiracy. The conspiracy was yet in being. It could not have been completed, from Schwanke’s view, until he had received the $100. The statements were thus admissible.”

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