71 Wash. 2d 295 - State v. Marks’s Empirical Analysis
1967
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently March 2008
20 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 70 Wash. 2d 690 - State v. Allen · 63 Wash. 2d 176 - State v. Badda · 60 Wash. 2d 32 - State v. Taylor · 65 Wash. 2d 290 - Knecht v. Marzano · 35 Wash. 2d 233 - State v. Murley
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The true test of the competency of a young child as a witness consists of the following: (1) an understanding of the obligation to speak the truth on the witness stand; (2) the mental capacity at the time of the occurrence concerning which he is to testify, to receive an accurate impression of it; (3) a memory sufficient to retain an independent recollection of the occurrence; (4) the capacity to express in words his memory of the occurrence; and (5) the capacity to understand simple questions about it. The determination of the witness’s ability to meet the requirements of this test and the allowance or disallowance of leading questions (State v. Davis, 20 Wn.2d 443, 446 , 147 P.2d 940 (1944), rest primarily with the trial judge who sees the witness, notices his manner, 'and considers his capacity and intelligence. These are matters that are not reflected in the written record for appellate review. Their determination lies within the sound discretion of the trial judge and will not be disturbed on appeal in the absence of proof of a manifest abuse of discretion. State v. Ridley, 61 Wn.2d 457 , 378 P.2d 700 (1963), and authorities cited.”
1 later decision quote this exact passage“[t]he trial judge, by his very presence, is in a favored position. It has been reiterated in appeals from orders granting new trials in both civil and criminal cases that a much stronger showing is required to overturn an order granting the new trial than denying a new trial. The question is: Did the respondents have a fair trial? The trial judge thought that they did not. The question is not whether this court would have decided otherwise in the first instance, but whether the trial judge was justified in reaching his conclusion. In that respect, he has a very wide discretion.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.