94 Wash. App. 80 - State v. Karpenski’s Empirical Analysis

Citation profile

56 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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a]rguably, a determination of competence at trial may mean that the child also was competent, or at least probably competent, at the time of the hearsay statement. If a child had the capacity to accurately perceive, he [or she] had that capacity for both trial and hearsay purposes. If a child has the capacity to remember at trial, and to relate at trial, he probably had those same capacities at the time of the earlier hearsay statement.” Id. n. 150. . This list of factors is generally only necessary to an analysis of whether the proffered hearsay possesses”

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

2. “The reason a trial court is charged with determining sufficiency is so that it will not encroach on the fact-finding function of the jury. If the trial court should not encroach, the appellate court should not either. Thus, when the trial court is limited to deciding sufficiency, the appellate court should be also. Perhaps the most common example of this reasoning is the summary judgment process, where both trial and appellate courts perform the same function—deciding sufficiency.[ 40 ]”

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

3. “The following persons are incompetent to testify: (1) Those who aire of unsound mind, or intoxicated at the time of their production for examination; and (2) children who do not have the capacity of receiving just impressions of the facts about which they are examined or who do not have the capacity of relating them truly.”

   1 later decision quote this exact passage
   e.g. State v. S.J.W.