State v. Lenaburg’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “For purposes of ... [rule 37A(1)(h),] 'unavailable' includes a determination, based on medical or psychological evidence or expert testimony, that the child would suffer serious emotional or mental strain if required to testify at trial.”

   2 later decisions quote this exact passage
   e.g. V.K.W. v. State · 2003 UT App 87 - State Ex Rel. Sak

2. “I’ve now heard testimony from several players in this drama, including the older child [J.W.], which tend to corroborate many of the statements made by [P.W.] in this videotape as to where she was living, who she was living with, and the general time frame. The fact that there was abuse going on in the home is also corroborative. [J.W.] has indicated she was being abused also.... Everything that is possible to corroborate from her statement, short of having an eyewitness to the sexual abuse, has been corroborated. I’m satisfied that the statement is reliable and trustworthy, and that the interests of justice would be served by allowing the jury to view the videotape. And therefore, I’m going to allow that to happen. Likewise, I make the finding under 76-5-411, that it is in the ... interests of justice that this tape be shown. I’ve ... considered the age and maturity of the child both at the time she made the statement and now, the nature and duration of the abuse as alleged by [P.W.] in this tape, and the relationship of her to the offender, as well as the reliability of the assertion that [P.W.] made. And considering all those things, ... it is in the ... interests of justice that the tape be shown to the jury.”

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

3. “The tape was the most damning evidence presented at trial. Since defendant could not cross-examine the child concerning her statements made therein, he had no means to explore the contradictory or confusing portions of her testimony. Without this opportunity, we cannot judge what cross-examination would have revealed or the light it would have cast on the remainder of the testimony.”

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