State v. Muhle’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]t issue before the Court are the admissibility of the out-of-court statements that L.L. made to her sister V.L., her grandmother [S.L.] and the Oklahoma social worker. These statements clearly are hearsay and would be inadmissible as such without an exception. The applicable exception is Rule 803(24). That exception would allow these out-of-court statements to be admissible if two criteria are met. First, the declarant, L.L., must testify at the trial which I understand that she will and this condition is met. Secondly, the Court must find that the time, content, and circumstances of the statement provide ... sufficient guarantees of trustworthiness. And in assessing this second condition of trustworthiness the Supreme Court in State versus Messner set forth four factors for trial courts to consider to decide whether statements have particularized guarantees of trustworthiness, and the first is spontaneity and consistent repetition. L.L.’s statements to V.L. that the defendant did, quote, nasty things including having L.L. do an up and down motion on his private part, having her suck his private part, and the defendant touching her private parts were spontaneous statements initiated by the two girls sharing secrets. L.L.’s statements to Grandma [S.L.] were also spontaneous in response to a general question of what happened. The statement to [S.L.] regarding the up and down motion on defendant’s private parts was consistent with what she had told V.L. L.L.’s statement to [S”

   3 later decisions quote this exact passage
   e.g. State v. Poulor · S.L.W. v. Huss

2. “This Court will reverse a conviction on the ground of insufficient evidence only if, after viewing the evidence and all reasonable inferences in the light most favorable to the verdict, no rational factfinder could have found the defendant guilty beyond a reasonable doubt.”

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

3. “[i]f a defendant has an opportunity to cross-examine the witness at trial, the admission of testimonial statements would not violate the Confrontation Clause.”

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