Cream v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(f) Notice. Evidence of conviction is not admissible if after timely written request by the adverse party specifying the witness or witnesses, the proponent fails to give the adverse party sufficient advance written notice of intent to use such evidence to provide the adverse party with a fair opportunity to contest the use of such evidence.”

   3 later decisions quote this exact passage
   e.g. Harper v. State · Brown v. State

2. “We find the reasoning presented in Cream unpersuasive. Rule 609(f) precludes the use of prior convictions against a witness if the proponent of such evidence fails to give advance written notice of intent to use such evidence upon a timely written request.... If we were to read Rule 609(f) as did the Cream Court, the notice requirement would never apply unless a witness could show complete unawareness of his or her own prior convictions. Such an interpretation would render Rule 609(f) meaningless.”

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

3. “the only convictions appellant had to consider before taking the witness stand were those already known to him.”

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