State v. Jensen’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(a) Evidence generally inadmissible. The following evidence is not admissible in any criminal proceeding involving alleged sexual misconduct except as provided in subdivisions (b) and (c): (1) evidence offered to prove that any alleged victim engaged in other sexual behavior; and (2) evidence offered to prove any alleged victim’s sexual predisposition. “(b) Exceptions. In a criminal case, the following evidence is admissible, if otherwise admissible under these rules: (1) evidence of specific instances of sexual behavior by the alleged victim offered to prove that a person other than the accused was the source of semen, injury, or other physical evidence; (2) evidence of specific instances of sexual behavior by the alleged victim with respect to the person accused of the sexual misconduct, offered by the accused to prove consent or by the prosecution; and (3) evidence the exclusion of which would violate the constitutional rights of the defendant. “(c) Procedure to determine admissibility. (1) A party intending to offer evidence under subdivision (b) must: (A) file a written motion at least 14 days before trial specifically describing the evidence and stating the purpose for which it is offered unless the court, for good cause requires a different time for filing or permits filing during trial; and (B) serve the motion on all parties and notify the alleged victim or,, when appropriate, the alleged victim’s guardian or representative. “(2) Before admitting evidence under this”

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