State v. Thompson’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The trial court abused its discretion in admitting the testimony of [Mother] and Ashley Weaver as to [Victim’s] statements accusing [Defendant] and in admitting State’s Exhibit 2, the recording of the forensic interview of [Victim], because these were inadmissible as substantive evidence pursuant to § 491.075, and consequently their admission violated [Defendant’s] rights to due process of law and to a fair trial, as guaranteed by the Fourteenth Amendment to the United States Constitution[ 6 ] and Article I, Section 10 of the Missouri Constitution, in that the time, content and circumstances of the statements provided insufficient indicia of reliability, as [Victim] testified at trial that [Mother] had told her that her father had molested her, but she did not know if this was true; the alleged disclosure was made shortly before a custody hearing at which [Mother] was searching for witnesses and long after [Victim] had denied any touching; [Victim’s] account was incoherent and lacked specifics; to [Defendant’s] prejudice, as [Defendant] would not have been convicted without this evidence.”

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

2. “(a) Is dead, (b) Is out of the state, unless it appears that the absence of the witness was procured by defendant, (c) Is unable to attend or testify because of sickness or infirmity, (d) Is a judge of a court of record or a practicing attorney or physician, and engaged in the discharge of an official or professional duty at the time of trial, (e) Has invoked a testimonial privilege or other refusal to testify not produced by the action of the defendant, or (f)Is otherwise unavailable and the defendant has made a good faith effort to obtain the presence of the witness at the hearing or trial, but has been unable to procure the attendance of the witness.”

   1 later decision quote this exact passage
   e.g. State of Missouri v. Robert Johnstone

3. “1. A statement made by a child under the age of fourteen, or a vulnerable person, relating to an offense under chapter 565, 566, 568 or 573, performed by another, not otherwise admissible by statute or court rule, is admissible in evidence in criminal proceedings in the courts of this state as substantive evidence to prove the truth of the matter asserted if: (1) The court finds, in a hearing conducted outside the presence of the jury that the time, content and circumstances of the statement provide sufficient indicia of reliability; and (2)(a) The child or vulnerable person testifies at the proceedings ...”

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