State v. Roberts’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “From October 1991 until August of 1992, [the complainant] cohabitated with [appel-lee]. [The complainant], who previously had been diagnosed with AIDS, was the beneficiary of a former roommate’s life insurance policy. While [the complainant] and [appellee] cohabitated, [the complainant] gradually put these insurance proceeds into accounts in [appellee’s] name. [The complainant] also gave [appellee] a power of attorney over various matters. In August 1992, [the complainant] received the last insurance proceeds check and, in September, [appellee] ordered [the complainant] out of [appellee’s] home. Approximately a year later, November 1993, [the complainant] brought a civil action against [appellee] alleging breach of fiduciary duty. [The complainant] was deposed as part of this civil action. Because of [the complainant’s]- deteriorating condition, this deposition was used in the civil jury trial instead of [the complainant] testifying in person. At the conclusion of the civil trial, the jury awarded [the complainant] approximately $180,000 in actual and punitive damages for [appellee’s] breach of fiduciary duty. After the civil judgment was entered, [the complainant] died, and, subsequently, the state initiated criminal charges against appellee. No criminal deposition or hearing testimony was taken from [the complainant] while the criminal case was pending. In addition, when [the complainant] was deposed, no criminal action against appellee was pending. Appellee moved for and w”

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

2. “In civil cases, testimony given at another hearing of the same or a different proceeding, or in a deposition taken in the course of another proceeding. If the party against whom the testimony is now offered, or a person with a similar interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination. In criminal cases, testimony given at another hearing of the same or a different proceeding, if the party against whom the testimony is now offered had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination. In criminal cases, the use of depositions is controlled by Chapter 39 of the Code of Criminal Procedure.”

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