Keller v. State’s Empirical Analysis

Citation profile

2 federal appellate · 2 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Ojpinion evidence, reputation evidence, or evidence of specific instances of the victim’s prior sexual conduct with the defendant or any other person, evidence of a victim’s prior allegations of sexual conduct with the defendant or any other person, which allegations the victim asserts to be true, or evidence offered by the defendant concerning prior allegations of sexual conduct by the victim with the defendant or any other person if the victim denies making the allegations is not admissible by the defendant, either through direct examination of any defense witness or through cross-examination of the victim or other prosecution witness, to attack the credibility of the victim, to prove consent or any other defense, or for any other purpose. Ark.Code Ann. § 16-42-101(b). A defendant may, however, file a rape-shield motion requesting that the trial court make a determination as to the admissibility of the proposed evidence. Ark.Code Ann. § 16-42 — 101 (c)(1). Upon holding a hearing, if the trial court determines that the offered proof is relevant to a fact in issue, “and that its probative value outweighs its inflammatory or prejudicial nature,” the trial court may grant the defendant’s motion to admit the evidence. Ark.Code Ann. § 16-42-101(c)(2)(C). Thus, the rape-shield statute is not a complete bar to the introduction of evidence of a victim’s prior sexual conduct, but the trial court is vested with a great deal of discretion in ruling whether the evidence is relevant. Ke”

   1 later decision quote this exact passage
   e.g. 2014 Ark. App. 107 - Bean v. State