State v. Worthen’s Empirical Analysis

Citation profile

17 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a] condition is not transitory or ephemeral. A mental or an emotional condition is a state that persists over time and significantly affects a person's perceptions, behavior, or decision making in a way that is relevant to the reliability of the person's testimony.”

   3 later decisions quote this exact passage
   e.g. State v. Cegers · 2013 UT App 219 - McCloud v. State

2. “on the more stringent side of 'more likely than not.' " State v. Blake , 2002 UT 113 , ¶ 20, 63 P.3d 56 . "The difficulty in meeting this test is deliberate and prudent in light of the sensitivity of these types of records and the worsening of under-reporting problems in the absence of a strong privilege.”

   2 later decisions quote this exact passage
   e.g. State v. Bell · 2013 UT App 219 - McCloud v. State

3. “[n]o privilege exists ... [f]or communications relevant to an issue of the physical, mental, or emotional condition of the patient ... in any proceeding in which that condition is an element of any claim or defense.”

   2 later decisions quote this exact passage
   e.g. State ex rel. A.J. v. State · 2013 UT App 219 - McCloud v. State