State v. Robinson’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If a witness can be expected to testify favorably to a party, he is peculiarly available to that party, and the failure to call that witness gives rise to the inference that his testimony would actually have been unfavorable rather than favorable. Such an inference may not arise and may not be argued if the witness is equally available to the defendant and the state. The term “equally available” means more than susceptibility to process ... and is resolved by considering three factors: (1) the one party’s superior ability to know or identify the witness, (2) the nature of testimony that the witness may be expected to give, and (3) the relationship between the particular party and the witness which indicates that the witness would be more likely to testify more favorably for one party than another. (Citations omitted). Id.”

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

2. “acquired the stolen property for a consideration which he or she knew was far below its reasonable value”

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