Kennedy v. State’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A. A statement made by a child who has not attained thirteen (13) years of age ..., which describes any act of physical abuse against the child ... or any act of sexual contact performed with or on the child ... by another, is admissible in criminal and juvenile proceedings in the courts in this state if: 1. The court finds, in a hearing conducted outside the presence of the jury, that the time, content and totality of circumstances surrounding the taking of the statement provide sufficient indicia of reliability so as to render it inherently trustworthy. In determining such trustworthiness, the court may consider, among other things, the following factors: the spontaneity and consistent repetition of the statement, the mental state of the declarant, whether the terminology used is unexpected of a child of similar age ..., and whether a lack of motive to fabricate exists; and 2. The child ... either: a. testifies or is available to testify at the proceedings in open court or through an alternative method ... [describing acceptable "alternative methods], or b. is unavailable as defined in Section 2804 of this title as a witness. When the child ... is unavailable, such statement may be admitted only if there is corroborative evidence of the act.”

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

2. “It appears from the record that the magistrate was utilizing 12 O.S8.Supp.1984, § 2803.1 in his determination of the testimony's reliability. However, as the only burden on the State at the preliminary hearing is to establish probable cause, ... we find no reason to conduct any 2803.1 hearing at the preliminary hearing stage. Indeed, the reliability or unreliability of any evidence goes toward establishing or failing to establish probable cause.”

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

3. “alternative methods], or b. is unavailable as defined in Section 2804 of this title as a witness. When the child ... is unavailable, such statement may be admitted only if there is corroborative evidence of the act. 12 0.8.2011, § 2803.1(A). The omitted portions above relate to such statements when they are made by an”

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