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← 838 N.E.2d 480 - Ray v. State

Ray v. State’s Empirical Analysis

2005

Citation profile

7
cited by 7 later decisions
1
states following
April 2019
most recently cited

5 state decisions

Relationships

Relies on Arizona v. Youngblood · Speth v. New Jersey · McMullan v. National Bank of Commerce · Emporium Capwell Co. v. Western Addition Community Organization · Benitez v. Mata

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. “Even assuming that the State violated the order separating witnesses, we cannot say that the violation placed Ray in grave peril. Prejudice is presumed when a violation of a separation of witnesses order occurs, but the presumption can be overcome if the non movant can show that there was no prejudice. Stafford v. State , 736 N.E.2d 326 , 331 (Ind. Ct. App. 2000) (relying on Hernandez v. State , 716 N.E.2d 948 , 955 (Ind. 1999) (Boehm, J., dissenting), reh'g denied ), reh'g denied , trans. denied . Here, Ray's counsel cross-examined Dr. Burrows. Further, Ray's counsel questioned Dr. Burrows on how she learned that Blake had received a sternum rub. Thus, Ray was not placed in grave peril because the jury was informed of the conversation between Dr. Burrows and the prosecutor and was given adequate information to judge the credibility of Dr. Burrows. See, e.g. , Hightower v. State , 260 Ind. 481 , 486, 296 N.E.2d 654 , 657 (Ind. 1973) (holding that a violation of a witness separation order did not warrant reversal because "[t]he jury was completely informed of the conversation between the witnesses ... and was given adequate information by which it could judge the reliability and credibility of the revised testimony"), cert. denied , 415 U.S. 916 , 94 S.Ct. 1412 , 39 L.Ed.2d 470 (1974). Moreover, the chest bruise was a relatively minor part of the evidence presented.”
    1 later decision quote this exact passage · from the dissent
  2. “State gave Dr. Burrows ample time to prepare for defense counsel's attempts to impeach her with regard to the bruise and foreclosed defense counsel's opportunity to soften Dr. Burrows['] resolve to the possibility that the 'sternal rub' created [the victim's] bruise.”
    1 later decision quote this exact passage
  3. “To prevail, the defendant 'must show that he was placed in a position of grave peril to which he should not have been subjected.'”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.