State v. Fuller’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. “Other crimes, wrongs, or acts. (1) Except as provided in Article 412, evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident, provided that upon request by the accused, the prosecution in a criminal case shall provide reasonable notice in advance of trial, of the nature of any such evidence it intends to introduce at trial for such purposes, or when it relates to conduct that constitutes an integral part of the act or transaction that is the subject of the present proceeding.”

   2 later decisions quote this exact passage
   e.g. 827 So. 2d 488 - State v. Murray · 929 So. 2d 789 - State v. Roberson

2. “(1) defendant must have been represented by counsel at the earlier hearing; (2) the witness testified under oath; (3) the witness was cross-examined or else there was a valid waiver of the right to cross-examination; (4) at the time of trial, the witness (whether out of state or not) is unavailable to testify; and (5) .the, state had made a good faith diligent effort to obtain the presence of the witness, including by .its out-of-state subpoena-powers where appropriate. State v. Robinson, supra.”

   1 later decision quote this exact passage
   e.g. 188 So. 3d 268 - State v. Jones

3. “is absent from the hearing and the proponent of his statement has been unable to procure his attendance by process or other reasonable means.”

   1 later decision quote this exact passage
   e.g. 833 So. 2d 497 - State v. Williams