State v. Kromah’s Empirical Analysis

Citation profile

51 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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]e can envision no circumstance where [a forensic interviewer’s] qualification as an expert at trial would be appropriate. Forensic interviewers might be useful as a tool to aid law enforcement officers in their investigative process, but this does not make their work appropriate for use in the courtroom. The rules of evidence do not allow witnesses to vouch for or offer opinions on the credibility of others, and the work of a forensic interviewer, by its very nature, seeks to ascertain whether abuse occurred at all, i.e., whether the victim is telling the truth, and to identify the source of abuse.... [A]n interviewer’s statement that there is a “compelling finding” of physical abuse relies not just on objective evidence such as the presence of injuries, but on the statements of the victim and the interviewer’s subjective belief as to the victim’s believability. However, an interviewer’s expectations or bias, the suggestiveness of the interviewer’s questions, and the interviewer’s examination of possible alternative explanations for any concerns[ ] are all factors that can influence the interviewer’s conclusions in this regard. Such subjects, while undoubtedly important in the investigative process, are not appropriate in a court of law when they run afoul of evidentiary rules and a defendant’s constitutional rights.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. State v. Portillo · State v. Brown

2. “In this case, Your Honor, the court expressly addressed this forensic interviewer’s comments regarding her assessment of the demeanor of essentially in this case what is a child victim’s demeanor and how it relates to whether that child was believable in a disclosure of sexual abuse. It is an extensive recitation of how that forensic interview [sic] was certified as an expert in forensic interviewing and how even though the person was qualified as an expert that does not allow that person to comment on anything involving the credibility of a witness. It further does caution that there are certain statements that should be avoided at trial, one of which is any statement to indicate to a jury that the interviewer believes the child’s allegations in the current matter. It is our concern, Your Honor, that should Ms. Roseborough testify, as the State has ask [sic] her to do, that her disclosure, to mean the victim’s disclosure is ... consistent or inconsistent with the disclosure of sexual abuse. That is asking Ms. Roseborough to comment in a manner that would require her to comment on whether she believes [the victim’s] allegations in this matter involved in this case when our Supreme [sic] has determined this an improper comment.”

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

3. “[E]ven though experts are permitted to give an opinion, they may not offer an opinion regarding the credibility of others. It is undeniable that the primary purpose for calling a “forensic interviewer” as a witness is to lend credibility to the victim’s allegations. When this witness is qualified as an expert the impermissible harm is compounded.”

   2 later decisions quote this exact passage
   e.g. State v. Portillo · State v. Brown