State v. Harper’s Empirical Analysis

Citation profile

13 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. “. . . D. Statements which are not hearsay. A statement is not hearsay if: (1) Prior statement by witness. The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is: (a) In a criminal case, inconsistent with his testimony, provided that the proponent has first fairly directed the witness' attention to the statement and the witness has been given the opportunity to admit the fact and where there exists any additional evidence to corroborate the matter asserted by the prior inconsistent statement; . . .”

   2 later decisions quote this exact passage · from the majority
   e.g. 144 So. 3d 17 - State v. Cobb · 47 So. 3d 1048 - State Ex Rel. Dw

2. “A. Who may attack credibility. The credibility of a witness may be attacked by any party, including the party calling him. * * * * D. Attacking credibility extrinsically. Except as otherwise provided by legislation: * * * * (2) Other extrinsic evidence, including prior inconsistent statements and evidence contradicting the witness' testimony, is admissible when offered solely to attack the credibility of a witness unless the court determines that the probative value of the evidence on the issue of credibility is substantially outweighed by the risks of undue consumption of time, confusion of the issues, or unfair prejudice.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Peppers

3. “Except as the interests of justice otherwise require, extrinsic evidence of. . . prior inconsistent statements ... is admissible after the proponent has first fairly directed the witness' attention to the statement, act, or matter alleged, and the witness has been given the opportunity to admit the fact and has failed distinctly to do so.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Peppers