Rogers v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We thus hold that when police arrive at the scene of an incident in response to a request for assistance and begin informally questioning those nearby immediately thereafter in order to determine what has happened, statements given in response thereto are not “testimonial.” Whatever else police “interrogation” might be, we do not believe that word applies to preliminary investigatory questions asked at the scene of a crime shortly after it has occurred.”

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

2. “Under this test, the heart of the inquiry is whether the statement is inherently reliable because the declarant was incapable of thoughtful reflection. Further, the statement must be trustworthy under the facts of the particular case, and the trial court should focus on whether the statement was made while the de-clarant was under the influence of the excitement engendered by the startling event.”

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

3. “the very concept of an 'excited utterance' is such that it is difficult to perceive how such a statement could ever be 'testimonial.' 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.”

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