State v. Hurley’s Empirical Analysis
1994
Citation profile
28 state decisions
How this case has been cited
Cited by 28 later decisions — most recently September 2017 · most notably State v. Bland (1997), Ervin v. State (1999)
28 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Jackson v. Virginia · Miranda v. State of Arizona Vignera · In the Matter of Samuel Winship · Witherspoon v. Illinois · Wainwright v. Witt
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.
“[Tenn. R. Evid. 501] sets out that except as otherwise provided by constitution, statute, common law, ... no person has a privilege to: (1) Refuse to be a witness; (2) Refuse to disclose any matter; ... In pertinent part, the statute provides that a husband and wife shall be competent witnesses ... though neither husband nor wife shall testify as to any matter that occurred between them by virtue of or in consequence of the marital relation.”
2 later decisions quote this exact passagee.g. Brown v. State · State v. Powers“After the enactment of the foregoing legislation, not withstanding that there was neither a statutory nor common law precedent for such decisions, the cases involving criminal proceedings in this State consistently have referred to the rule found in Goodwin v. Nicklin and wife, 53 Tenn. 256 , 6 Heiskell (1871), a civil case in which the Court said: “The common law places the rejection of such evidence upon the high grounds of public policy, and because greater mischief and inconvenience would result from the reception than the exclusion of such evidence. On this account it is a general rule that the husband and wife cannot give evidence to affect each other either civilly or criminally; for to admit such evidence would occasion domestic dissensions and discord.... ””
1 later decision quote this exact passagee.g. Brown v. State“(1) The communications must originate in a confidence that they will not be disclosed; (2) This element of confidentiality must be essential to the full and satisfactory maintenance of the relation between the parties; (3) The relation must be one which, in the opinion of the community, ought to be sedulously fostered; and (4) The injury that would inure to the relation by the disclosure of the communications must be greater than the benefit thereby gained for the correct disposal of litigation.”
1 later decision quote this exact passagee.g. State v. Powers
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.