State v. Percy’s Empirical Analysis

Citation profile

4 federal appellate · 49 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Profile or syndrome evidence is evidence elicited from an expert that a person is a member of a class of persons who share a common physical, emotional, or mental condition. [T]he condition must be one that is generally recognized in the field.” Profile evidence is typically admitted in evidence to assist the jury in understanding “superficially bizarre behavior” of a putative victim, such as a child’s ambivalence about pursuing a sexual abuse complaint, or a child’s recantation of an earlier accusation. In these situations, the expert’s testimony may be useful to dispel misconceptions about the behavior of victims of certain crimes and to show that the conduct of the complaining witness, however seemingly unusual, is consistent with the profile. The function of the testimony is thus primarily rehabilitative, where behaviors such as delay in reporting, recantation, or a continued relationship with the alleged abuser may be mistaken as impeaching the credibility of the child.”

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

2. ““Relevant evidence” means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.”

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

3. “The final inquiry is whether the defendant's rights were so injuriously affected as to deprive him of a fair trial.”

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