Brannen v. State’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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he prejudice that we adverted to in Gallagher is that which occurs when delay [in notification] places a defendant at a disadvantage in challenging the evidence obtained through surreptitious monitoring of a conversation. See [United States v.] Orozco, 630 F.Supp. [1418,] 1536 [ (S.D.Cal.1986)]. Nothing in Gallagher suggested that prejudice can be established by a mere claim that, by being tipped off to the existence of an investigation, the defendant would have been able to take evasive action to thwart future investigative efforts.”

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

2. “Evidence Rule 803(3) exempts hearsay statements that express [a then-]existing state of mind, emotion, sensation, or physical condition to prove the declarant’s [contemporaneous] condition. Brannen relies on this exception. Yet Brannen’s self-serving denials ... were not statements expressing a present condition, nor were they made spontaneously. Brannen had time to reflect [on what he would say] and a motive to fabricate before he made the statements.”

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