944 So. 2d 255 - State v. Hosty’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the spontaneity of the statement; (2) how the statement was elicited; (3) the mental state of the declarant when the abuse was reported; (4) how the declarant described the act; (5) whether the declarant used terminology unexpected of a similarly situated mentally disabled adult; (6) the motive or lack thereof to fabricate the statement; (7) the ability of the declarant to distinguish between reality and fantasy; (8) the vagueness of the accusations; (9) the possibility of any improper influence on the declarant; and (10) any contradictions in the accusation.”

   1 later decision quote this exact passage
   e.g. 979 So. 2d 430 - State v. Brocca

2. “[t]he circumstances must be considered `so trustworthy that adversarial testing would add little to its reliability.'”

   1 later decision quote this exact passage
   e.g. 979 So. 2d 430 - State v. Brocca

3. “hearsay must either fall under a firmly rooted exception to the hearsay rule”

   1 later decision quote this exact passage
   e.g. 979 So. 2d 430 - State v. Brocca