12 Neb. Ct. App. 306 - State v. Vaught’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The victim in this case was the 4-year-old daughter of Vaught’s half sister. The events which gave rise to the present action occurred on or about August 23, 2000. On that date, the victim and her mother were staying at the residence of the victim’s grandparents; Vaught also resided there. The victim’s mother testified that the victim called Vaught “[D]J.” The victim’s mother testified that she put the victim to sleep on the couch wearing a nightgown and underwear. When the victim’s mother left the victim, Vaught was the only other person awake in the house, and he was watching television near the victim. The next morning the victim’s mother noticed that the victim awoke without any underwear on. Although the victim’s mother acknowledged that the victim would sometimes change her underwear during the night if she wet herself, on this occasion the victim’s missing underwear were never located and the couch was not at all wet. The victim begged her mother to allow her to go to her father’s house. The victim then went to the residence of her father and his wife. That evening, the victim wet herself and the victim’s father’s wife gave her a bath. During the bath, the victim’s father’s wife noticed that the victim’s genital area was red and swollen. The victim’s father’s wife had a conversation with the victim about what had happened, which conversation prompted the victim’s father’s wife to ask the victim’s father who “[D]J” was. The victim’s mother was then called, and the victi”

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

2. “[T]he statement at issue was made by the victim during the course of a medical examination by Dr. Lamberty in the emergency room. Dr. Lamberty testified that he was dressed as a doctor at the time, that he was speaking to the victim in an examination room at the hospital, that he had explained to her that he was going to do an examination, and that he had no concerns that the victim did not understand where she was or who he was. Additionally, Dr. Lamberty testified that it is important for a medical professional in the situation he was in to obtain a thorough history regarding the causation and nature of the injury. Dr. Lamberty further testified that it is important for him, in assessing the patient’s condition and determining treatment, to know who the perpetrator was, both so that he does not release a patient into the care of a perpetrator and for purposes of treating the patient’s mental well-being. In this case, when Dr. Lamberty asked the victim what had happened to her, she replied that “her Uncle DJ put his finger in her pee-pee,” and she indicated that she meant her vagina.”

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