Dyer v. Commonwealth’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is obvious the real purpose, the sole purpose, of this evidence was, in general, to prove the appellant was a sexual pervert, and, in particular, to prove that his perversion was pedophilia, and to do so on the basis of reading material found in his possession some of which would offend a substantial number of jurors, prejudicing them against the appellant without regard to whether it proved anything against him. The various pornographic pictures and articles and the nondescript photographs and memorabilia were devoid of meaning except that provided by the investigating police officer’s testimony and the prosecutor’s argument labeling the material seized proof that the appellant was a pedophile. We declare, unqualifiedly, that citizens and residents of Kentucky are not subject to criminal conviction based upon the contents of their bookcase unless and until there is evidence linking it to the crime charged____ If this material is supposed to provide a picture of the appellant as a pedophile, such profile evidence is inadmissible in criminal cases to prove either guilt or innocence.”

   2 later decisions quote this exact passage
   e.g. Smith v. Commonwealth · State v. Nelson

2. “Recently, our Court has been confronted with a series of cases involving a similar problem, wherein the Commonwealth attempted to bolster the testimony of the alleged victim with profile evidence regarding the so-called “child sexual abuse accommodation syndrome”: Bussey v. Commonwealth, Ky., 697 S.W.2d 139 (1985); Lantrip v. Commonwealth, Ky., 713 S.W.2d 816 (1986); Hester v. Commonwealth, Ky., 734 S.W.2d 457 (1987); and Mitchell v. Commonwealth, Ky., 777 S.W.2d 930 (1989). We reversed all of these cases because the evidence was insufficient to admit the evidence under the “Frye” test: There was no evidence that the so-called “sexual abuse accommodation syndrome” has attained a scientific acceptance or credibility among clinical psychologists or psychiatrists. Even should it become accepted, ... there would remain the question of whether other children who had not been similarly [sexually] abused might also develop the same symptoms or traits. Lantrip, supra, 713 S.W.2d at 817 . Profile evidence and argument to establish the accused as a pedophile, as a person with a propensity to sexually molest children, is but the opposite side of a coin stamped on the other side “child sexual abuse accommodation syndrome.” This “pedophilia” profile appears to be nothing more than the attempt at an end run around the principles that controlled our decisions in Bussey, Lantrip, Hester, and Mitchell . It will require much more by way of scientific accreditation and proof of probity than we ”

   1 later decision quote this exact passage
   e.g. Tungate v. Commonwealth

3. “An opinion as to whether the accused had the ability or propensity to commit such an act is improper because it is an opinion on the ultimate fact, that is, innocence or guilt. Consequently it invades the proper province of the jury. Such an opinion is not evidence of mental condition but is a factual conclusion of the witness on the ultimate issue before the jury which can be reached only by consideration of all the facts.”

   1 later decision quote this exact passage
   e.g. Tungate v. Commonwealth