State v. Townsend’s Empirical Analysis

Citation profile

49 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) that the prior act clearly occurred; (2) that the acts closely resembled those of the present case; (3) that the prior act is clearly relevant to a material issue; (4) that the |r,evidence is necessary to the defendant’s case; (5) that the probative value of the evidence outweighs its prejudicial effect.”

   3 later decisions quote this exact passage
   e.g. Joyner v. State · State v. Blandin

2. “[T]his analytical approach has merit when ruling on the admissibility of a child’s previous sexual experiences. We also believe that a comparison of the child’s descriptions of the respective sexual encounters is relevant in cases such as these, because if a description is given after the first incident but before the second, it provides a basis for assessment and comparison of the child’s degree of sexual knowledge at the time of each incident. Also, the use of common or similar terms or phrases by the child in various descriptions may indicate a congruent similarity of acts in different incidents, and is therefore relevant. The similarity requirement makes it more likely that the sexual knowledge displayed by a victim in one case was actually derived from a prior encounter, and that assumption is essential to the defendant’s argument in these situations.”

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

3. “An exception to this rule exists when the trial court, at an in camera hearing, makes a written determination that such evidence is relevant to a fact in issue, and that its probative value outweighs its inflammatory or prejudicial nature. Ark. Code Ann. § 16-42-101 (c)(2)(C). The statute’s purpose is to shield victims of rape or sexual abuse from the humiliation of having their sexual conduct, unrelated to the charges pending, paraded before the jury and the public when such conduct is irrelevant to the defendant’s guilt. State v. Townsend, 366 Ark. 152 , 233 S.W.3d 680 (2006). Accordingly, the trial court is vested with a great deal of discretion in determining whether the evidence is relevant, and we will not overturn the trial court’s decision unless it constitutes a clear error or a manifest abuse of discretion. Id.”

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