State v. Marks’s Empirical Analysis

Citation profile

144 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 154 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The identification of rape trauma syndrome is a relatively new psychiatric development. Even so, if the presence of rape trauma syndrome is detectable and reliable as evidence that a forcible assault did take place, it is relevant when a defendant argues the victim consented to sexual intercourse. As such an expert's opinion does not invade the province of the jury. It is merely offered as any other evidence, with the expert subject to cross-examination and the jury left to determine its weight. "In State v. Washington, 229 Kan. 47, 53 , 622 P.2d 986 (1981), we stated `before a scientific opinion may be received in evidence at trial, the basis of that opinion must be shown to be generally accepted as reliable within the expert's particular scientific field.' [Citation omitted.] Although Washington involved physical scientific evidence, the same test is applicable to the admission of testimony regarding a psychiatric diagnosis. [Citation omitted.] "An examination of the literature clearly demonstrates that the so-called `rape trauma syndrome' is generally accepted to be a common reaction to sexual assault. [Citations omitted.] As such, qualified expert psychiatric testimony regarding the existence of rape trauma syndrome is relevant and admissible in a case such as this where the defense is consent." 231 Kan. at 653-54 .”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Allewalt · State v. Willis

2. “An examination of the literature clearly demonstrates that the so-called “rape trauma syndrome” is generally accepted to be a common reaction to sexual assault. [Citations omitted.] As such, qualified expert psychiatric testimony regarding the existence of rape trauma syndrome is relevant and admissible in a case such as this where the defense is consent.”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. McQuillen · United States v. Carter

3. “"Appellant next attacks the admission of the expert testimony of Dr. Herbert Modlin, a board certified psychiatrist and neurologist who practices psychiatry and teaches at the Menninger Foundation. He is also one of a small number of doctors to be certified in the field of forensic psychiatry. "During his testimony Dr. Modlin discussed the diagnosis and treatment of `post traumatic stress disorders.' The condition is caused when a person experiences a `very frightening, stressful event' and manifests itself in a kind of `psychological hangover.' According to Dr. Modlin a type of post traumatic stress disorder labeled `rape trauma syndrome' is the result of a sexual assault.... "Dr. Modlin examined the victim two weeks after the rape. Based upon his psychiatric evaluation Dr. Modlin testified he was of the opinion she had been the victim of `a frightening assault, an attack' and that she was suffering from the post-traumatic stress disorder known as rape trauma syndrome.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. McQuillen · State v. Willis