7 Neb. Ct. App. 187 - State v. Collins’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Whether expert testimony as to a victim’s mental or physical capacity to resist or to appraise the nature of the perpetrator’s conduct is indispensable in a prosecution [for sexual assault] must be approached on a case-by-case basis. In those cases such as the present case, where no expert testimony is provided, a court must examine the evidence and determine whether the nonex-pert testimony is of sufficient probative value to justify a rational finding that the victim was mentally or physically incapable of resisting or appraising the actor's conduct.” Id. at 350-51.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Gardiner