State v. James’s Empirical Analysis

Citation profile

78 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 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The purposes of confrontation are to secure to the accused the right of cross-examination; the right of the accused, the court and the jury to observe the deportment and conduct of the witness while testifying; and the moral effect produced upon the witness by requiring him to testify at the trial.”

   3 later decisions quote this exact passage
   e.g. State v. Massengill · State v. Bailey

2. ““Appellant would have us construe the words, ‘to be confronted with the witnesses against him,’ which appear in both amendment VI of the Constitution of the United States, and article II, § 14 of the Constitution of New Mexico, as being synonymous with the words, ‘to be confronted with his victim.’ A witness is one who testifies under oath, and the constitutional guarantee contemplates confrontation only by those who actually testify against the accused, or whose testimony or statements are in some way brought to the attention of the court and jury upon the trial.” (p. 379.)”

   2 later decisions quote this exact passage
   e.g. State v. Bailey · Valles v. State

3. ““The Court instructs you that the defendant may, if he sees fit, become a witness in his own behalf, but the law imposes no obligation upon him to testify in his own behalf, or as to any material fact in the case, and you shall indulge in no presumption against him because of the failure of the defendant to take the witness stand,in this case, but such fact can be the subject of reasonable comment or argument.””

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