State v. West’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he State’s case, though compelling for reasons previously discussed, 13 was not overwhelming, so we cannot conclude that the evidence excluded would have been but a trifle in the jury’s deliberations. MM’s testimony was confused and contradictory regarding the number and locations of the sexual assaults. The delay in disclosure was substantial. Pour years passed before MM reported the sexual assaults to her grandmother. [Defendant] raised the possibility that MM was coached into making the allegations against him by her grandparents, who persisted in their desire to adopt her in the face of resistance from [MM’s mother]. MM’s testimony regarding her mother’s knowledge of the sexual assaults was not internally consistent. MM claimed at first that [her mother] did not believe her, but later asserted that [her mother] knew because she told MM that she had “peeked.” And this contradiction 14 coexisted with MM’s testimony that [her mother] was present during several of the sexual assaults. The latter circumstance bears discussion in connection with other odd circumstances. MM’s startling revelation that [her mother] watched [Defendant] sexually assault her on several occasions but did and said nothing about it must be viewed in the light of contemporary scenes described by MM. MM also claimed to have witnessed her mother ... having sexual relations with her assailant, [Defendant], She further testified she saw [her mother] having sex with [John Johnson (Johnson), a co-resident ”

   1 later decision quote this exact passage · from the majority
   e.g. State v. West

2. “A person commits the offense of sexual assault in the first degree if he knowingly subjects to sexual penetration another person who is less than 14 years old. There are five material elements of the offense of sexual assault in the first degree, each of which the prosecution must prove beyond a reasonable doubt. These five elements are; one that during or about the period of February 1, 1993 through May 28, 1993, inclusive; two, in the county of Maui, State of Hawaii; three, [Defendant]; four, did knowingly subject [MM], a person less than H years old; five, to an act of sexual 17 penetration, to wit, fellatio.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. West

3. “I would tell the jury that she made allegations that when she was six and living with her grandmother, she was abused in her mother’s presence at the home about a block and a half away from the grandmother’s home by someone named Ashley. She places other people there at the same time that this occurred. And being that if she’s making up allegations, then allegations that she made against [Defendant are equally suspect and it’s certainly reasonable, and I don’t think its fair to say that defense can’t get into this in opening statement.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. West