State v. Alberts’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The verdict was primarily ground[ed] on the conflicting testimony of R.M. and Alberts. R.M. testified Alberts sexually assaulted her. Alberts admits having sex with her, but claims the sex was consensual. There was no physical evidence of an assault. No other witnesses testified Alberts sexually assaulted the victim. The jury’s assessment of the relative credibility of R.M. and Alberts was the key to the conviction, thereby enhancing the relevance of the allegedly false prior allegation. By denying Al-berts the opportunity to prove to the court R.M. made a prior false claim of sexual misconduct, the court hampered Alberts’ ability to argue R.M. accused another man of improper conduct to disguise her own questionable behavior. This error may have unduly prejudiced Alberts’ defense and therefore requires us to remand the case so the trial court may determine whether R.M. made false statements to Josh.”

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

2. ““A ruling only granting or denying protection from prejudicial references to challenged evidence cannot preserve the inadmissibility issue for appellate review.” However, “if the ruling reaches the ultimate issue [of admissibility] and declares the evidence admissible or inadmissible, it is ordinarily a final ruling and need not be questioned again during trial [to preserve error].””

   1 later decision quote this exact passage
   e.g. Quad City Bank & Trust v. Jim Kircher & Associates, P.C.

3. “rule that 'error claimed in a court's ruling on a motion in limine is waived unless a timely objection is made when the evidence is offered at trial.'”

   1 later decision quote this exact passage
   e.g. UE Local 893/IUP v. State of Iowa