10 Kan. App. 2d 26 - State v. Pendelton’s Empirical Analysis

Citation profile

3 federal appellate · 2 district · 4 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Evidence of a statement which is made other than by a witness while testifying at the hearing offered to prove the truth of the matter stated is hearsay evidence and inadmissible except: “(dd) In a criminal proceeding or in a proceeding to determine if a child is a deprived child under the Kansas juvenile code or a child in need of care under the Kansas code for care of children, a statement made by a child, to prove the crime or that the child is a deprived child or a child in need of care, if: “(1) The child is alleged to be a victim of the crime,, a deprived child or a child in need of care; and “(2) the trial judge finds, after a hearing on the matter, that the child is disqualified or unavailable as a witness, the statement is apparently reliable and the child was not induced to make the statement falsely by use of threats or promises. “If a statement is admitted pursuant to this subsection in a trial to a jury, the trial judge shall instruct the jury that it is for the jury to determine the weight and credit to be given the statement and that, in making the determination, it shall consider the age and maturity of the child, the nature of the statement, the circumstances under which the statement was made, any possible threats or promises that might have been made to the child to obtain the statement and any other relevant factor.””

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

2. “of a child victim’s statements only if the trial judge 'finds, after a hearing on the matter, that the child is disqualified or unavailable as a witness, [and if] the statement is apparently reli able----(Id. at 962). Pendelton held that it could not find that”

   1 later decision quote this exact passage
   e.g. United States v. Cree

3. “the witness is disqualified for the reason that it appears that on inquiry he cannot relate in a logical progression the sequence of events, or, for that matter, the factual situation that gives rise to the issues in this particular lawsuit.”

   1 later decision quote this exact passage
   e.g. 276 F. Supp. 2d 1159 - Juarez v. Nelson