State v. Barela’s Empirical Analysis

Citation profile

3 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Unavailability as a witness” includes situations in which the declarant: (5) is absent from the hearing and the proponent of his statement has been unable to procure his attendance by process or other reasonable means. A declarant is not unavailable as a witness if his exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the proponent of his statement for the purpose of preventing the witness from attending or testifying.”

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

2. “[I]t is clear that a witness who[-Ithough present-refused to testify is just as surely unavailable as the witness who stepped across a state line to avoid service of a subpoena.”

   1 later decision quote this exact passage
   e.g. 2015 UT App 243 - State v. Cheek