Humphrey v. State’s Empirical Analysis

Citation profile

12 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The repetition of the definition of hearsay is familiar, if not always understood. Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. W.R.E. 801(c). A statement is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by him as an assertion. W.R.E. 801(a). A declarant is a person who makes a statement. W.R.E. 801(b). The definition of assertion is not stated in the rule. However, a suitable definition declares an assertion is "to say that something is so, e.g. that an event happened or that a condition existed." E Cleary, McCormick on Evidence § 246 (3d ed.1984) (emphasis in original).”

   1 later decision quote this exact passage
   e.g. Gregory M. Toth v. State

2. “It is abundantly clear that although counsel for the defense studiously avoided cross-examining most witnesses and deferred his opening statement until after the State had presented its case, the principal defenses to be offered ... were an express charge of recent fabrication or improper influence or motive.... Throughout the pretrial proceedings Alicea injected his concerns that the children were not competent to testify because of improper influence.... Of course, at trial the full range of the sort of testimony contemplated by W.R.E. 801(d)(1)(B) was introduced.... Thus, the trial court did not err in admitting the testimony before any of the defense witnesses testified about fabrication or improper motive.”

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

3. “We have repeatedly stated that a defendant's uncharged misconduct is admissible to demonstrate a course of conduct which clarifies what happened between an accused and the victim or serves to enhance the natural development of the facts. [Citations omitted]. The relevance of the evidence is equally patent. In this case, an essential element of the charged offenses required the State to show that Humphrey used his position of authority to cause the victim to submit. We agree with the district court that testimony illustrating the family dynamics to which this victim was subjected was clearly relevant to show Humphrey's abuse of authority.”

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