State v. Weaverling’s Empirical Analysis

Citation profile

48 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Expert testimony concerning common behavioral characteristics of sexual assault victims and the range of responses to sexual assault encountered by experts is admissible. Such testimony is relevant and helpful in explaining to the jury the typical behavior patterns of adolescent victims of sexual assault. It assists the jury in understanding some of the aspects of the behavior of victims and provides insight into the abused child’s often strange demeanor.”

   4 later decisions quote this exact passage
   e.g. State v. Berry · State v. Jones

2. “In State v. Richey, 88 S.C. 239 , 70 S.E. 729 (1911), our Supreme Court held admissible evidence that a man charged with carnal knowledge of a girl under fourteen continued his illicit relationship with the child past her fourteenth birthday. The court ruled “ ‘acts prior and also subsequent to the act charged in the indictment, when indicating a continuousness of illicit intercourse, are admissible in evidence as showing the relation and mutual disposition of the parties.’ ” Id. at 242 , 70 S.E. at 730 . The common scheme or plan exception “is generally applied in cases involving sexual crimes, where evidence of acts prior and subsequent to the act charged in the indictment is held admissible as tending to show continued illicit intercourse between the same parties.” State v. Whitener, 228 S.C. 244, 265 , 89 S.E.2d 701, 711 (1955). Such evidence is admissible when the “ ‘close similarity of the charged offense and the previous act[s] enhances the probative value of the evidence so as to overrule the prejudicial effect.’ ” State v. McClellan, 283 S.C. 389, 392 , 323 S.E.2d 772, 774 (1984). In McClellan , the Court addressed the admissibility of testimonial evidence of appellant’s pattern of sexual attacks against each of his three daughters in his trial for criminal sexual conduct against the youngest daughter. The Court allowed the youngest daughter to testify the appellant had attacked her on previous occasions, even though the appellant was not charged for the previous att”

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

3. “The challenged testimonial evidence of Weaverling’s prior bad acts shows the same illicit conduct with the same victim under similar circumstances over a period of several years. The probative value of the evidence regarding Weaverling’s prior bad acts clearly outweighs the prejudicial effect of admitting the evidence. As the Court concluded in State v. McClellan, 283 S.C. 389, 392 , 323 S.E.2d 772, 774 (1984), “[i]t would be difficult to conceive of a common scheme or plan more within the plain meaning of the exception than that presented by this evidence.””

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