State v. Lovely’s Empirical Analysis

Citation profile

3 federal appellate · 6 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “There were no objections to any of these instructions. The jury returned verdicts of guilty on all twelve felony counts and on seven of the eight misdemeanor counts. 5 On appeal petitioner's argument was that threats of financial retribution, as distinguished from threats of violence, were not criminalized by the Aggravated Felonious Sexual Assault statute. The New Hampshire Supreme Court disagreed, stating,”

   1 later decision quote this exact passage
   e.g. Francis A. Lovely v. Michael J. Cunningham, Warden, New Hampshire State Prison

2. “A person is guilty of a class A Felony if he engages in sexual penetration with another person under any of the following circumstances: 9 * * * 10 IV. When the actor coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim believes that the actor has the ability to execute these threats in the future.”

   1 later decision quote this exact passage
   e.g. Francis A. Lovely v. Michael J. Cunningham, Warden, New Hampshire State Prison

3. “[t]hreats of mental punishment, extortion (as defined by RSA 637:5 II to include threats of economic reprisal) ... clearly extend beyond threats of physical violence to reach acts that undermine consent through the use of non-violent coercion. See generally ALI Model Penal Code and Commentaries Sec. 213.1, at 312 (1980).”

   1 later decision quote this exact passage
   e.g. Francis A. Lovely v. Michael J. Cunningham, Warden, New Hampshire State Prison