State v. Lanter’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. ““Evidence of a statement which is made other than by a witness while testifying at the hearing, offered to prove the truth of the matter stated, is hearsay evidence and inadmissible except: “(dd) ... In a criminal proceeding or in a proceeding to determine if a child is a deprived child under the Kansas juvenile code or a child in need of care under the Kansas code for care of children, a statement made by a child, to prove the crime or that the child is a deprived child or a child in need of care, if: “(1) The child is alleged to be a victim of the crime, a deprived child or a child in need of care; and “(2) the trial judge finds, after a hearing on the matter, that the child is disqualified or unavailable as a witness, the statement is apparently reliable and the child was not induced to make the statement falsely by use of threats or promises. “If a statement is admitted pursuant to this subsection in a trial to a jury, the trial judge shall instruct the jury that it is for the jury to determine the weight and credit to be given the statement and that, in making the determination, it shall consider the age and maturity of the child, the nature of the statement, the circumstances under which the statement was made, any possible threats or promises that might have been made to the child to obtain the statement and any other relevant factor.” Emphasis added.”

   1 later decision quote this exact passage · from the majority
   e.g. 11 Kan. App. 2d 586 - State v. Clark

2. “[a] child is considered to be unavailable for constitutional purposes if the trial court determines that the child is incompetent to testify.”

   1 later decision quote this exact passage · from the majority
   e.g. Matter of ADB

3. “First, the trial judge must hold a hearing to determine whether the child is disqualified or unavailable as a witness.”

   1 later decision quote this exact passage · from the majority
   e.g. Matter of ADB