State v. Taylor’s Empirical Analysis

Citation profile

114 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 122 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The only issue in this case was whether the intercourse was forcible or consensual. The state did not need to prove that the victim suffered from rape trauma syndrome in order to sustain its burden of proof on that issue. The jury could determine whether the intercourse was forcible based on its own evaluation of the physical evidence and testimony and credibility of the witnesses. There is a risk that the jury will regard the expert's opinion that a victim suffers from rape trauma syndrome resulting from a forcible assault as dispositive on the issue of consent. The term itself connotes rape. And a hazard exists from `the misleading aura of certainty' that surrounds scientific evidence.... There is also danger that the expert testimony will divert the jury's attention from the real issue and cause confusion with numerous collateral issues." 663 S.W.2d at 241-42 . (Emphasis added.)”

   4 later decisions quote this exact passage · from the majority
   e.g. State v. McQuillen · State v. Allewalt

2. “Clearly, the psychiatrist’s specific statement that the victim did not fantasize the rape was an express opinion about her credibility, and his entire testimony that the victim suffered from rape trauma syndrome carried with it an implied opinion that the victim had told the truth in describing the rape. Further, the psychiatrist’s testimony that he was specifically trained to evaluate verbal and nonverbal responses lends a special reliability to his opinion of the victim’s credibility.... The jury was competent to determine the victim’s credibility; therefore, Dr. Amanat’s testimony designed to invest scientific cachet on the critical issue was erroneously admitted. Otherwise, trials could degenerate to a battle of experts expressing opinion on the substance of witness’ veracity.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Allewalt · State v. Myers

3. “[t]hat conclusion vouches too much for the victim's credibility and supplies verisimilitude for her on the critical issue of whether defendant did rape her. That was not part of Dr. Amanat's evaluation process. For, indeed, according to Dr. Amanat, trauma syndrome could result from a number of stressful situations, and it would be too presumptious [sic] for him to designate the particular experience. This was not his proper function.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Schimpf · State v. Allewalt