Fowler v. State’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he very concept of an “excited utterance” is such that it is difficult to perceive how such a statement could ever be “testimonial.” The underlying rationale of the excited utterance exception is that such a declaration from one who has recently suffered an overpowering experience is likely to be truthful. To be admissible, an exited utterance must be unrehearsed and made while still under the stress of excitement from the starting event. The heart of the inquiry is whether the declarants had the time for reflection and deliberation. An unrehearsed statement made without time for reflection or deliberation, as required to be an excited utterance, is not “testimonial” in that such a statement, by definition, has not been made in contemplation of its use in a future trial.”

   5 later decisions quote this exact passage
   e.g. Moore v. State · Davis v. State

2. “[plreliminary questions asked at the seene of a crime shortly after it has occurred do not rise to the level of an 'interrogation.' Such an unstructured interaction between officer and witness bears no resemblance to a formal or informal police inquiry that is required for a police interrogation as that term is used in Crawford.”

   3 later decisions quote this exact passage
   e.g. State v. Staten · Spencer v. State

3. “"Interrogation” is defined in one common English dictionary as "To examine by questioning formally or officially.” The American Heritage College Dictionary 711 (3d ed. 2000). This is consistent with our prior observation that the common characteristic of all "testimonial” statements is the formality by which they are produced. We also believe that "interrogation” carries with it a connotation of an at least slightly adversarial setting. See Roget’s Thesaurus II 556 (Expanded ed. 1988) (listing as first definition of "interrogate” as "To question thoroughly and relentlessly to verify facts: interrogate the captured soldier.”).”

   2 later decisions quote this exact passage
   e.g. Hammon v. State · Stancil v. United States