State v. Thibodeau’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * [T]he determination of the question whether physical articles are substantially in the same condition as at the time the crime was committed is for the trial judge, in the process of which he exercises a judicial discretion. In determining this question: ‘The trial judge must be satisfied in reasonable probability that the article has not been changed in important respects. Permissible changes are such as are not likely to mislead the jury. McCormick on Evidence, page 384. In arriving at his conclusions he must consider the nature of the article, the circumstances surroundings its preservation and custody and the likelihood of intermeddlers tampering with it. (citations omitted) He may also give weight to the presumption that an article continues in the same condition. 2 Wigmore, Evidence, 3rd Ed., Sect. 437(1).’ [State v. Christmas], 83 S.D. [506] at 510, 162 N.W.2d [125] at 127. See also State v. Kiehn, 86 S.D. 549 , 199 N.W.2d 594 ; State v. Aschmeller, 87 S.D. 367 , 209 N.W.2d 369 .””

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

2. ““When the identity of the party against whom a telephone conversation is sought to be admitted has been established by some evidence, either direct or circumstantial, the conversation may be shown in the same manner, and with like effect, as conversations had between individuals face to face.””

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