Clark v. State’s Empirical Analysis

Citation profile

33 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “specifically noted that its holding does not alter the rule that 'when the declarant appears for cross-examination at trial, the Confrontation Clause places no constraints at all on the use of his prior testimonial statements'”

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

2. “[A]lthough the accused must have an opportunity to cross-examine the witness during the face-to-face confrontation, the opportunity does not have to be seized or successful ....”

   2 later decisions quote this exact passage
   e.g. STATE VS. DIST. CT. (BAKER (JEFFREY)) · State v. Eighth Judicial Dist. Court of Nev.

3. “where the declarant is not absent, but is present to testify and to submit to cross-examination, our cases, if anything, support the conclusion that the admission of his out-of-court statements does not create a confrontation problem”); State v. Gorman, 854 A.2d 1164, 1178 (Me.2004) (stating that, according to Crawford , the Confrontation Clause was satisfied when the defendant”

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