State v. Gardner’s Empirical Analysis

Citation profile

31 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “there may be cases in which the evidence would be insufficient absent corroboration”; rebuttal witness allowed to read formal statement given by complainant a few days after assault). . In the instant case, defense counsel stated in his closing argument to the jury that: [tjhere's no prompt complaint. There’s no officer going to the scene looking for semen, any kind of corroboration of that nature. There’s no medical corroboration as you frequently have, as you usually have, as you almost always have in rape cases because of the fact that she didn’t tell anybody. If it happened, she didn't tell anybody for two months later. So there is no physical evidence corroborating a word she says. [Emphasis added] In his opening argument, defense counsel told the jury that the government’s case consisted of "one witness who is uncorroborated.”

   1 later decision quote this exact passage
   e.g. Battle v. United States