Colvard v. Commonwealth’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. “[t]he state of mind of a declarant vis-à -vis anticipated physical treatment is quite different from the state of mind of a declarant vis-à -vis anticipated social disposition. The situations may be the same to the doctor; they are not the same to the patient. Physical self-survival dictates revealing even embarrassing truth to avoid the risk of the wrong medicine or the needless operation. Presupposing a declarant conscious of the probable consequences of his assertions, the imperative to speak truthfully is not nearly so strong when the anticipated result is a social disposition. The temptation to influence the result may, indeed, run in quite the opposite direction.”

   1 later decision quote this exact passage · from the majority
   e.g. 344 Ga. App. 38 - The State v. Almanza.

2. “This opinion does not alter or limit the traditional hearsay exception allowing medical providers to testify to a patient’s out-of-court statements as to what was done to the patient and how he or she was injured.... We simply state that we no longer recognize a special exception to the hearsay rule which allows medical providers to testify in court to the hearsay statements of a victim of sexual offenses which identify the alleged perpetrator because that identification is not pertinent to the medical treatment being provided.”

   1 later decision quote this exact passage · from the majority
   e.g. Hoff v. Commonwealth

3. “[W]e do not hold that statements of a child victim to medical personnel identifying an abuser are always inadmissible. There may be circumstances in which such statements will be found to comport with the requirements of KRE 803(4) or other exceptions to the hearsay rule. This, however, is not such a case.”

   1 later decision quote this exact passage · from the majority
   e.g. D.L.B. v. Cabinet for Health & Family Services