Herron v. State’s Empirical Analysis
1991
Citation profile
6 federal appellate · 186 state decisions
How this case has been cited
Cited by 192 later decisions — most recently March 2024 · most notably Swafford v. State (1991), State v. Schoonover (2006)
6 federal appellate · 186 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Whalen v. United States · Bell v. United States · 48 Cal. 3d 321 - People v. Harrison · 88 Wis. 2d 546 - Harrell v. State · State v. Pierce
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 192 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) temporal proximity of penetrations (the greater the interval between acts the greater the likelihood of separate offenses); (2) location of the victim during each penetration (movement or repositioning of the victim between penetrations tends to show separate offenses); (3) existence of an intervening event; (4) sequencing of penetrations (serial penetrations of different orifices, as opposed to repeated penetrations of the same orifice, tend to establish separate offenses); (5) defendant’s intent as evidenced by his conduct and utterances; and (6) number of victims ( ... multiple victims will likely give rise to multiple offenses).”
8 later decisions quote this exact passage · from the concurrence“[e]xcept for penetrations of separate orifices with the same object, none of [the distinctness] factors alone is a panacea”
1 later decision quote this exact passage · from the concurrence“absent proof that each act of penetration is in some sense distinct from the others”
1 later decision quote this exact passage · from the concurrencee.g. Bernal v. Lytle
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.