Pendergrass v. State’s Empirical Analysis

Citation profile

1 federal appellate · 21 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) ex parte in-court testimony or its functional equivalent-that is, material such as affidavits, custodial examination, prior testimony that the defendant was unable to cross-examine, or similar pretrial statements that declarants would reasonably expect to be used prosecuto-rially; (2) extrajudicial statements contained in formalized testimonial materials, such as affidavits, depositions, prior testimony, or confessions; (8) statements that were made under circumstances which would lead an objective witness reasonably to believe that the statement would be available for use at a later trial.”

   3 later decisions quote this exact passage
   e.g. Lehman v. State · Ramirez v. State

2. “[a] solemn declaration or affirmation made for the purpose of establishing or proving some fact.”

   2 later decisions quote this exact passage
   e.g. Joseph Everroad v. State of Indiana · Fowler v. State

3. “the definition of testimony as clarified by Melendez-Diaz . " See id. at 707. In this case, the signer of the Certificate, like the analyst in Pendergrass , could have reasonably believed that the Certificate would be available for use at a later trial. Furthermore, like the Certificate of Analysis in Pendergrass , the Certificate in this case was the equivalent of live, in-court testimony, doing "precisely what a witness does on direct examination. . . .”

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