State v. Sanchez’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. “[W]e believe that before the depositions provided for by § 491.680 may be admitted at trial without violating the confrontation clauses of the United States and Missouri Constitutions, the state must produce evidence, at a hearing, sufficient to establish not merely that it would be less traumatic for the child to testify at an in-camera deposition, but that the emotional and psychological trauma which would result from testifying in open court or in the personal presence of the defendant in effect makes the child unavailable as a witness at the time of trial, (footnote omitted)”

   2 later decisions quote this exact passage
   e.g. In the Interest of Kierst v. D.D.H. · State v. Davidson

2. “In determining whether or not to allow such motion, the court shall consider the elements of the offense charged and [shall find] the emotional or psychological trauma to the child if required to testify in open-court or to be brought into the personal presence of the defendant [is so serious that it renders the child witness unavailable]. Such recording shall be retained by the prosecuting attorney and shall be admissible in lieu of the child’s personal appearance and testimony at preliminary hearings and at trial, conflicting provisions of section 544.270, RSMo, notwithstanding. A transcript of such testimony shall be made as soon as possible after the completion of such deposition and shall be provided to the defendant together with all other discoverable materials.”

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

3. “If a child witness is rendered incapable of testifying in court because of the emotional or psychological trauma that would ensue, then the witness might be considered “unavailable” for purposes of confrontation analysis. That contention is consistent with the recognition that Confrontation Clause analysis involves balancing and accommodating both the rights secured to the defendant by the constitution with the state’s “strong interest in effective law enforcement, and in the development and precise formulation of the rules of evidence applicable in criminal proceedings” according to the general approach established on a case by case basis. [Ohio v.] Roberts, [ 448 U.S. 56 ], 100 S.Ct. [2531] at 2538 [ 65 L.Ed.2d 597 (1980)].”

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