State v. Mattic’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A statement made by a child under the age of fourteen relating to an offense under chapter 565, 566, 568 or 573, 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.”

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

2. “[I]n cases involving such young victims and sensitive and embarrassing subject matters, “it is common for the testimony of a victim of tender years to contain some variations, contradictions or lapses in memory.” Inconsistencies or contradictions in statements by a young child relating a sexual experience do not, by themselves, deprive the statement of all probative force.”

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