Marx v. State’s Empirical Analysis

Citation profile

14 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Q. Do you feel like there would be any emotional or physical trauma if she were to be in confrontation with the defendant in the ordinary involvement in the courtroom trial? “A. You mean if she had to go and interact with him or if she just— “Q. If she had to sit there and testify from the witness stand. “A. I can’t say for sure, but she says she wants to tell what happened, and she’s a very strong little girl, strong-willed child like that. “Q. Do you think she would suffer any emotional or physical problems as a result of that confrontation? “A. I couldn’t guarantee it, but I think — occasionally there’s a child who wants to tell their story. “Q. Listen to my question. “A. Okay. “Q. Do you think that there would be any emotional or physical problems with her confronting — testifying from that witness stand and having to confront her uncle? “A. Your Honor, I couldn’t say for sure that there would not be. I wouldn’t expect it.” Id., at 77-78.”

   1 later decision quote this exact passage · from the majority
   e.g. Marx v. Texas

2. ““Q. Okay. Doctor, do you feel like if she testifies in open court in the presence of Jeffrey Steven Marx, that she will— the result would cause further serious emotional and physical distress than what she has now? “A. If no one was ugly to her, you know, made her feel really badly about it — I think [she] is more of a talker than most. She will probably come on and do it. “Q. Of course, we can make her do that as you well know, but my concern is what would be the emotional and physical distress that would cause — that would be resulting from her testifying in open court in the presence of another. “A. In the presence of Jeffrey? “Q. Yes, ma’am. “A. She tells me she wants to. So unless she gets more frightened than I expect, that little girl would probably testify okay.” Id., at 76.”

   1 later decision quote this exact passage · from the majority
   e.g. Marx v. Texas

3. “'fearful of testifying in the courtroom setting rather than fearful of testifying while looking at the defendant.'”

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