People v. Agado’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The risk of surprise is not my only concern with continuing to forego compliance with the requirements of [Rule] 404(b) merely because evidence is denominated as res gestae. For example, no limiting instruction is required for evidence of other acts admitted as res gestae. However, the importance of giving a limiting instruction, particularly when the other acts were not substantially simultaneous in time and circumstances, is no less than when the evidence is admitted under [Rule] 404(b). While not mentioned in more recent cases, the supreme court has noted that, even with res gestae evidence, it is the better practice to instruct the jury regarding the limited purpose of the evidence at the time it is admitted. In addition, evidence of another act is sometimes admitted merely because it falls within the definition of res gestae, even though it could easily be excised. The limitation under [Rule] 403 that res gestae evidence should not be admitted if its probative value is “substantially outweighed” by the risk of prejudice or confusion has not always provided sufficient protection from misuse of the doctrine. Finally, the very concept of res gestae can be problematic. In Colorado, the term has not been consistently defined, and, more generally, the doctrine has confounded counsel and courts, often tending to create as much confusion as clarification. Even when the term is uniformly defined, it is difficult analytically to keep the determination of whether evidence is releva”

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

2. “all evidence of other acts, including “intrinsic” res gestae evidence as well as other “extrinsic” evidence, be subject to the requirements of [Rule] 404(b). Such an approach is even more appropriate now that the “clear and convincing” standard previously applied under the common law for admitting evidence of other acts has been replaced under our rules of evidence by the lower “preponderance” standard.”

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

3. “Evidence of other offenses or acts that form part of the criminal episode or transaction with which a defendant is charged is admissible to provide the fact-finder with a fall understanding of the events surrounding the crime.”

   1 later decision quote this exact passage
   e.g. People v. Gladney