28 Kan. App. 2d 161 - State v. Bourassa’s Empirical Analysis

Citation profile

22 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““At the hearing on this motion, Bourassa’s trial counsel explained to the district court that V.R. had been under psychological care at Prairie View in Newton, Kansas, and had accused her father of sexually molesting her. The judge was also told that V.R. had reportedly mutilated two kittens and had a tendency to soil herself. Counsel then stated: ‘[T]he Court does not have the transcript of the preliminary hearing before it. One has been requested and ordered, but it has not yet been prepared by the court reporter. It was a preliminary hearing held in front of Judge Dewey that the victim of the rape, [V.R.], testified that the rape took place in the front seat of the van with her sister being in between herself and Charles Bourassa. The younger sister did not testify that she saw any sexual contact between Charles Bourassa and her older sister. Thank you.’ “It is unfortunate a transcript of V.R.’s testimony at the preliminary hearing was not available at the time the motion was heard. A reading of the transcript discloses other incongruous statements made by V.R. that supported Bourassa’s requests.” 28 Kan. App. 2d at 163 .”

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

2. ““The defendant in Bourassa argued the [trial] Court committed error by refusing to allow introduction of the child’s previous sexual history. Bourassa’s theory of defense was that the girl’s father [rather than tire defendant] could have molested her the morning of the alleged incident. The [appellate] Court in Bour-assa concluded . . . the [trial] Court erroneously excluded the evidence. “The [appellate] Court pointed out that the child was with her father on the morning of the alleged incident. Also, the child had made prior allegations of sexual abuse at the hands of her father. “This present case is distinguishable from the Bourassa case. The defense in this case is not arguing that someone else molested the child. In the Court’s opinion, the rape shield statute K.S.A. 21-3525 prohibits the defense from presenting evidence of the child’s alleged prior sexual activity. The Court will not allow it.””

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

3. ““We believe all of the above cases are distinguishable from the case now before us. Bourassa’s lawyer did proffer evidence of V.R.’s mental instability and that she had made a recent charge of her father sexually molesting her. The motions judge was told V.R. had mutilated two kittens the previous summer and she had a tendency to soil herself. The State acknowledged V.R. was taking the drug Prozac and currently undergoing mental health counseling for behavioral disorders. Bourassa’s attorney also brought to the district court’s attention that V.R. had testified at the preliminary hearing that the rape occurred in the van, notwithstanding that her sister did not testify as to anything improper happening in the van.” 28 Kan. App. 2d at 166 .”

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