Hernandez v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[tlhe trustworthiness of reputation testimony stems from the fact that a person is observed in his day[-]to[-]day activities by other members of the community[,] and these observations are discussed [within the community]. Over a period [of] timel,] there is a synthesis of these observations and discussions which results in ... the individual's reputation. [But when testimony about] reputation is based solely on specific [reported] acts, this synthesis is lost, as well as its reliability. [[Image here]] Substantial familiarity with specific acts is not the same as substantial familiarity with reputation.”

   2 later decisions quote this exact passage · from the majority
   e.g. Lopez v. State · Hunter v. State

2. “in order to be competent to testify concerning the character or trait of character of the accused, a witness must, prior to the date of the offense, have been substantially familiar with the reputation of the accused.”

   1 later decision quote this exact passage · from the majority
   e.g. Turner v. State

3. “the witnesses were not competent to testify as to [Hernandez's] reputation.”

   1 later decision quote this exact passage · from the majority
   e.g. Hunter v. State