State v. Hirschkorn’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An out-of-court statement by a child under the age of 12 years about sexual abuse of that child or witnessed by that child is admissible as evidence (when not otherwise admissible under another hearsay exception) if: (a) The trial court finds, after hearing upon notice in advance of the trial of the sexual abuse issue, that the time, content, and circumstances of the statement provide sufficient guarantees of trustworthiness; and (b) The child either: (i) Testifies at the proceedings; or (ii) Is unavailable as a witness and there is corroborative evidence of the act which is the subject of the statement.”

   5 later decisions quote this exact passage
   e.g. State v. Poulor · State v. Paul

2. ““A [district] court must make explicit findings as to what evidence it relied upon regarding the factors and explain its reasons for either admitting or excluding the testimony so a defendant can be assured the required appraisal has been made.... ” The court must make specific findings of fact relevant to reliability and trustworthiness and explain how the facts support the court’s conclusion of admissibility. Non-detailed findings may be sufficient when there is an adequate factual basis in the offer of proof to support the court’s decision. On review, we are limited to reviewing the offer of proof made during, the pretrial hearing.”

   3 later decisions quote this exact passage
   e.g. State v. Poulor · State v. Muhle

3. “To establish obvious error, the defendant has the burden of showing (1) error, (2) that is plain, and (3) that affects substantial rights.... [T]o affect the defendant's substantial rights, 'a plain error must have been prejudicial, or have affected the outcome of the proceeding.'”

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