Jandro v. State’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Three clements must be demonstrated before a statement can be admitted as non hearsay under Rule 801(d)(2)(E), W.R.E. There must be evidence of a conspiracy; evidence that the declarant and the defendant both were involved in the conspiracy; and a showing that the proffered statements were made during the course of, and in furtherance of, the conspiracy. The first two requirements insure that the statements were in fact made by a co-conspirator, and the last introduces a measure of relevance and trustworthiness. We previously have held that these elements may be demonstrated by prima fa-cle evidence. We concluded that such a showing is adequate, and we required neither a preponderance of the evidence nor proof beyond a reasonable doubt. In addition, we have recognized that because of the covert nature of the crime of conspiracy, the foundation may be established with circumstantial evidence."”

   6 later decisions quote this exact passage
   e.g. Allied-Signal, Inc. v. Wyoming State Board of Equalization · Smith v. State

2. “need not rise to the level of proof of guilt, nor even to the level of prima facie evidence of guilt.”

   3 later decisions quote this exact passage
   e.g. Holman v. State · McKenney v. State

3. “the facts and circumstances within the peace officer's knowledge and of which he had reasonably. trustworthy information [must be} sufficient to warrant a reasonably cautious or prudent man to believe that the person arrested has committed an offense.”

   2 later decisions quote this exact passage
   e.g. Lee v. State · Mascarenas v. State