Carpenter v. State’s Empirical Analysis

Citation profile

49 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[als a general matter, the decision to admit or exclude evidence is within a trial court's sound discretion and is afforded great deference on appeal. We recently went so far as to say that we will not reverse the trial court's decision unless it represents a manifest abuse of discretion that results in the denial of a fair trial,. An abuse of discretion in this context occurs where the trial court's decision is clearly against the logic and effect of the facts and circumstances before the court or it misinterprets the law.”

   7 later decisions quote this exact passage
   e.g. D.G.B. v. State · Adrian Durden v. State of Indiana

2. “(1) The court finds, in a hearing: (A) conducted outside the presence of the jury; and (B) attended by the protected person ' in person or by using closed circuit television testimony ...; that the time, content, and circumstances of the statement or videotape provide sufficient indications of reliability. (2) The protected person: (A) testifies at the trial; or (B) is found by the court to be unavailable as a witness for one (1) of the following reasons: (i) From the testimony of a psychiatrist, physician, or psychologist, and other evidence, if any, the court finds that the protected person’s testifying in the physical presence of the defendant will cause the projected person to suffer serious emotional distress such that the protected person cannot reasonably communicate. (ii) The protected person cannot participate in the trial for medical reasons. (iii)The court has determined that the protected person is incapable of understanding the nature and obligation of an oath.”

   3 later decisions quote this exact passage
   e.g. Trujillo v. State · Taylor v. State

3. “At the same time, the protected person statute impinges upon the ordinary eviden-tiary regime such that we believe a trial court's responsibilities thereunder carry with them what we recently called in another context 'a special level of judicial responsibility.”

   3 later decisions quote this exact passage
   e.g. Cox v. State · Trujillo v. State