State v. Larson’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]o have a coconspirator’s declaration admitted, there must be a showing, by a preponderance of the evidence, (i) that there was a conspiracy involving both the declarant and the party against whom the statement is offered, and (ii) that the statement was made in the course of and in furtherance of the conspiracy.”

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

2. “In determining whether the required showing has been made, the Court may consider the declarant’s statement; provided, however, the declarant’s statement alone shall not be sufficient to establish the existence of a conspiracy for purposes of this rule. The statement may be admitted, in the discretion of the Court, before the required showing has been made. In the event the statement is admitted and the required showing is not made, however, the Court shall grant a mistrial, or give curative instructions, or grant the party such relief as is just in the circumstances.”

   1 later decision quote this exact passage
   e.g. State v. Castillo-Alvarez

3. “must first make a threshold showing that the evidence [he] seeks to admit has an 'inherent tendency to connect the alternative perpetrator to the charged crime.’”

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