Nunnery v. State’s Empirical Analysis
2013
Citation profile
7
cited by 7 later decisions
1
states following
October 2018
most recently cited
7 state decisions
Relationships
Relies on 954 So. 2d 968 - Ross v. State · 665 So. 2d 852 - Eakes v. State · 941 So. 2d 735 - Rubenstein v. State · Conners v. State · Bennett v. State
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A statement by a child of tender years describing any act of sexual contact with ■or by another is admissible■ if: (A) the court — after a hearing outside the jury’s presence — determines that the statement’s time, content, and circumstances provide substantial indicia of reliability; and (B) the child either: (i) testifies; or (ii) is unavailable as a witness, and other evidence corroborates the act. For the trial court to determine if a young declarant’s out-of-court statement is admissible under the tender-years exception, the court must determine (1) that the declarant is a child of tender years and (2) that the time, content, and circumstances of the statement provide substantial indicia of reliability.”
1 later decision quote this exact passage“The Mississippi Supreme Court [has] found that there is a rebuttable presumption that a child under the age of twelve is of tender years. When the child declarant is twelve or older, the presumption does not apply, but the trial court must make a case-by-case determination as to whether the declarant is of tender years. This determination should be made on the record and based on a factual finding as to the declarant’s mental and emotional age.”
1 later decision quote this exact passage“For this Court to apply the plain-error doctrine, 'a party must prove that an error occurred which resulted in a manifest miscarriage of justice. This doctrine is only available when a defendant's substantive or fundamental rights have been violated.'”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.