State v. Kelley’s Empirical Analysis
1997
Citation profile
37 state decisions
How this case has been cited
Cited by 38 later decisions — most recently March 2018 · most notably Deck v. State (2002), State v. Campbell (2004)
37 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Strickland v. Washington · Massiah v. United States · Duren v. Missouri · Miller v. Florida · Lovett v. United States
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Not all out-of-court statements are hearsay. The hearsay rule only prohibits admission of evidence of out-of-court statements offered to prove the truth of the out-of-court declaration. Defendant overlooks the well-established `verbal acts' rule. Utterances made contemporaneously with or immediately preparatory to an act which is material to the litigation that tends to explain, illustrate or show the object or motive of an equivocal act and which are offered irrespective of the truth of any assertion they contain, are not hearsay and are admissible.”
2 later decisions quote this exact passagee.g. State v. Charger · State v. Harris“On the 26 a day of February 1996, the day of trial, [Linzie] entered a plea of guilty ... to the charge of ROBBERY IN THE FIRST DEGREE arising from the incident occurring on the 1st of January 1995 in which he and [Movant] robbed at gun point two individuals at a rest area on 1-55 in Cape Girardeau County. [Linzie] confirmed the State’s scenario in the incident in making a factual basis for his plea. In the first place, Movant must show his counsel failed to exercise [the] customary skill and diligence that a reasonably competent attorney would exercise in similar circumstances by not conducting reasonable investigation, interviewing and calling as a witness his brother and Co-defendant, [Linzie], In the second place, Movant must show but for counsel’s failure to call [Linzie] the outcome of the proceeding would have been different. ... Movant has not met his burden. ... Movant has failed to show that the testimony of his brother, [Linzie], would have provided a viable defense and finally, [M]ovant failed to show that the failure to call [Linzie] to testify for the defense was anything other than trial strategy. Movant has failed to show facts that warrant relief and that he has been prejudiced thereby.”
1 later decision quote this exact passagee.g. Vann v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.