165 Ind. App. 588 - Scales v. State’s Empirical Analysis
1975
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently March 2005
18 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Ballard v. State · Wedmore v. State · Zupp v. State · Shipman v. State · Burton 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A determination of whether a child under age ten understands the nature and obligation of an oath is within the discretion of the trial court. When the court has an opportunity to observe the general maturity, intelligence and demeanor of the child, its determination of the child’s competence to testify will be reviewed only for an abuse of discretion. . . . ””
2 later decisions quote this exact passage“In reviewing such a determination, we recognize that our examination of the transcribed record of the questioning cannot compare with the trial court's personal presence at the hearing as a basis for resolution of the issue. We, therefore, entrust this determination to the discretion of the trial court and will reverse only where we find clear error, where there is no evidence from which the trial court could have found that the child understood the nature and obligation of an oath.”
1 later decision quote this exact passagee.g. LeMaster v. State““34-1-14-5 [2-1714]. Who are incompetent. — The following persons shall not be competent witnesses: ’ % * $ Second. Children under ten [10] years of age, unless it appears that they understand the nature and obligation of an oath.” # * *”
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.