State v. Hamm’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In view of our holding in State v. Aschmeller, 1973, 87 S.D. 367 , 209 N.W.2d 369 , which we find applicable here, we are of the opinion that Appellant’s claim is devoid of merit. There we said: ‘In a prosecution for murder it appears to be a well-established rule that photographs of the victim duly verified, are, in the discretion of the trial court, admissible in evidence as an aid to the jury even though such photographs may have the additional effect of tending to excite the emotions of the jury, as defendant claims they did in this case.’ This was clearly a matter of discretion. We have examined the slides in question and cannot find an abuse of discretion by the lower court. Counsel for Mrs. Hamm argue that the slides illustrated nothing which could not have been equally well described in words or by diagrams. This may be true but this does not consequently outlaw the pictures. In the case of State v. Tinklenberg, 1972, 292 Minn. 271 , 194 N.W.2d 590 , the Minnesota Supreme Court said: ‘ * * * Photographs are admissible as competent evidence where they accurately portray anything which it is competent for a witness to describe in words, or where they are helpful as an aid to a verbal description of objects and conditions, provided they are relevant to some material issue; and they are not rendered inadmissible merely because they vividly bring to jurors the details of a shocking crime or incidentally tend to arouse passion or prejudice. This is the general rule, and an”

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

2. “[t]he risk of being overheard by an eavesdropper or betrayed by an informer or deceived as to the identity of one with whom one deals is probably inherent in the conditions of human society”

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

3. “in custody at the station or otherwise deprived of his freedom of action in any significant way.”

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