State v. Spaans’s Empirical Analysis

Citation profile

2 federal appellate · 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Without, again, regaling the reader with my extensive writings on this subject, I call the reader’s attention to my special concurrence in State v. Hallman, 391 N.W.2d 191, 196-7 (S.D.1986) for my concern that incest or rape trauma victims cannot be singled out, specifically, in a given factual scenario, by professional experts as having had a crime perpetrated upon them; and, also, my dissent in State v. Bachman, 446 N.W.2d 271 (S.D.1989), for my general academic viewpoint, spiced with numerous authorities on rape trauma syndrome, that it is improper to permit an expert to suggest that a complainant exhibits rape trauma syndrome, (or having been sexually contacted) because there is a certain aura of special reliability and trustworthiness implicit in the experts’ testimony (hearsay evidence vaulted over solid evidence); and, lastly, my dissent in McCafferty v. Solem, 449 N.W.2d 590 (S.D.1989), wherein I attempted to pinpoint the difference in behavioral science expert testimony, bearing on the credibility of sexually abused children. One concept pertains to approval or disapproval of expert testimony on credibility of a victim. Eleven authorities did I root out which decries a stamp of approval of expert testimony on credibility. McCafferty . In McCafferty , at 596, I pointed out that some courts refuse to permit behavioral science experts to offer opinions on credibility of sexually abused children as a class.”

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

2. “(a) Testifies at the proceedings; or (b) -Is unavailable as a witness. However, if the child is unavailable as a witness, such statement may be admitted only if there is corroborative evidence of the act. No statement may be admitted under this section unless the proponent of the statement makes known his intention to offer the statement and the particulars of it, including the name and address of the declarant to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet the statement.”

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

3. “A statement made by a child under the age of ten describing any act of sexual contact or rape performed with or on the child by another, not otherwise admissible by statute or court rule, is admissible in evidence in criminal proceedings against the defendant or in any proceeding under chapter 26-8 in the courts of this state if:”

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