State v. Lamper’s Empirical Analysis
1989
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently July 2018
16 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 State v. Knight · State v. Verde · State v. Rimmasch · State v. Nelson · State v. Bell
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) Notwithstanding any rule of evidence, a child victim’s out of court statement regarding sexual abuse of that child is admissible as evidence though it does not qualify under an existing hearsay exception, if: (a), the child is available to testify in court or as provided by Subsection 77-35-15.5(2) or (3); (b) in the event the child is not available to testify in court or as provided by Subsection 77-35-15.5(2) or (3), there is other corroborative evidence of the abuse; or (c) the statement qualifies for admission under Subsection 77-35-15.5(1). (2) Prior to admission of any statement into evidence under this section, the judge shall determine whether the interest of justice will best be served by admission of that statement. In making this determination the judge shall consider the age and maturity of the child, the nature and duration of the abuse, the relationship of the child to the offender, and the reliability of the assertion and of the child. (3) A statement admitted under this section shall be made available to the adverse party sufficiently in advance of the trial or proceeding, to provide him with an opportunity to prepare to meet it. (4) For purposes of this section, a child is a person under the age of 14 years.”
2 later decisions quote this exact passage“). Where the trial court considers all of the factors, reviews the recorded statement, and concludes that the interest of justice will best be served by its admission, that determination also necessarily meets the requirement that there be good cause to admit the out-of-court statement. ¶ 15 Furthermore, Nguyen's interpretation is contrary to the evolution of and purpose behind Utah's child witness exception. The version of the Rule in effect at the time of Nguyen's trial provides different requirements for the admission of out-of-court statements of child victims who will”
1 later decision quote this exact passage“trial court[s] faced with the admissibility of out-of-court statements by an alleged victim of child sexual abuse must determine the admissibility of that evidence under section 76-5-411 and, in making that determination, must enter express findings and conclusions explaining why it finds that the interest of justice will best be served by admission of that statement.”
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.