State v. Kinross’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'The theory of [the excited utterance exception] is simply that cireumstances may produce a condition of excitement which temporarily stills the capacity of reflection and produces utterances free of conscious fabrication. ") (quoting Fed R. Evid. 808(2) advisory committee note). 3 Lacking the "wherewithal to fabricate a falsehood, 'the cireumstances surrounding the making of the statement provide sufficient assurance that the statement is trustworthy and that cross-examination would be superfluous.'”

   1 later decision quote this exact passage · from the majority
   e.g. West Valley City v. Hutto

2. “[Counsell, you are right that we are disadvantaged by not having the victim here today. I would very much like the opportunity to weigh her credibility. 3 . "Utah courts 'may look to the federal advisory committee notes as well as federal court interpretation of the federal rules to aid in interpreting the Utah rules.”

   1 later decision quote this exact passage · from the majority
   e.g. West Valley City v. Hutto

3. “'(1) a startling event or condition occurred, (2) the statement was made while the declarant was under the stress of excitement caused by the event or condition, and (3) the statement relates to the startling event or condition'”

   1 later decision quote this exact passage
   e.g. West Valley City v. Hutto