Zabel v. State’s Empirical Analysis

Citation profile

47 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he question of credibility is for the jury, who are themselves expert in that area.”

   6 later decisions quote this exact passage
   e.g. Barnes v. State · Nielsen v. State

2. “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.”

   3 later decisions quote this exact passage
   e.g. Frenzel v. State · Spence v. State

3. “A: ... I use [] example children out to harm someone. I very much look at those ambivalent feelings because if, in fact, the issue is 'Let's get this person," there may be a motive behind it and I look for what's known as secondary gains. Q: Now, a secondary gain- A: A motive- Q: -is a motive to fabricate? A: That is correct, something that the child is going to gain, in reporting this. Taking [the younger girl] as an example, in her case it was extremely difficult for her to be able to report this, so it was actually a detriment to report[.]”

   2 later decisions quote this exact passage
   e.g. Seward v. State · Gilbert Ortiz, Jr. v. The State of Wyoming