State v. Larson’s Empirical Analysis

Citation profile

4 federal appellate · 17 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he focus is not on all the circumstances, including evidence at trial corroborating the child’s statements, but only on those circumstances actually surrounding the making of the statements. These circumstances include, but are not limited to, whether the statements were spontaneous, whether the person talking with the child had a preconceived idea of what the child should say, whether the statements were in response to leading or suggestive questions, whether the child had any apparent motive to fabricate, and whether the statements are the type of statements one would expect a child of that age to fabricate.”

   3 later decisions quote this exact passage
   e.g. State v. Edwards · State v. Salazar

2. “Other circumstances identified by the Court in Wright include the “mental state” of the child at the time the statements were made and the “consistent repetition” of the child’s statements during the same interview or conversation. 110 S.Ct. at 3150 . In addition to considering whether the child had an apparent motive to fabricate, it would seem that the Court could consider whether the child had an apparent motive to speak truthfully. State v. Conklin, 444 N.W.2d 268, 276 (Minn.1989) (case preceding Wright).”

   2 later decisions quote this exact passage
   e.g. State v. Edwards · State v. Hollander

3. “but having equivalent circumstantial guarantees of trustworthiness, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (C) the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence.”

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