State v. Hester’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. A statement made by a child under the age of twelve relating to an offense under chapter 565, 566 or 568, RSMo, performed with or on a child by another, not otherwise admissible by statute or court rule, is admissible in evidence in criminal proceedings in the courts of this state as substantive evidence to prove the truth of the matter asserted if: (1)' The court finds, in a hearing conducted outside the presence of the jury that the time, content and circumstances of the statement provide sufficient indi-cia of reliability; and (2)(a) The child testifies at the proceedings; or (b) The child is unavailable as a witness; or (c) The child is otherwise physically available as a witness but the court finds that the significant emotional or psychological trauma, which would result from testifying in the personal presence of the defendant, makes the child unavailable as a witness at the time of the criminal proceeding. 2. Notwithstanding subsection 1 of this section or any provision of law or rule of evidence requiring corroboration of statements, admissions or confessions of the defendant, and notwithstanding any prohibition of hearsay evidence, a statement by a child when under the age of twelve who is alleged to be victim of an offense under chapter 565, 566 or 568, RSMo, is sufficient corroboration of a statement, admission or confession regardless of whether or not the child is available to testify regarding the offense. 3. A statement may not be admitted under this sectio”

   2 later decisions quote this exact passage
   e.g. State v. Jankiewicz · State v. Bass

2. “Reluctance to testify is not the equivalent of unavailability to testify. The child-victim was not shown to fall within any definition of the term “unavailable witness.” Therefore, the distinction claimed by appellant between this ease and [State v.] Wright does not exist. To restate the holding in [State v.] Wright, admitting a child-victim’s out-of-court statements in evidence pursuant to § 491.075 is not a violation of due process, equal protection of the law or the right to confrontation under the United States Constitution in a ease in which the victim is available and produced at trial.”

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