160 So. 3d 647 - State v. Carter’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Finally, B.P. described the details of the incident in the back of her father’s truck. She had been watching television when Defendant came to her house. He asked for a watermelon out of B.P.’s father’s truck. She testified that Defendant came to the truck shortly after her and that, while she was in the bed of the truck, Defendant “made [her] lay down, and ... had sex with [her].” She further testified that: A. He picked up my dress, just pushed my panties over to the side. He didn’t pull it down. He didn’t take my clothes off. [[Image here]] In her testimony, [B.P.] further indicated that, although the [sic] she was able to “just jump[] up” after Defendant penetrated her vaginally, she was scared, hysterical, and “didn’t know [what] was going to happen.” The parallels between Wilkinson, Schexnaider, and the instant matter are striking and support a finding of forcible rape. In Schexnaider, 852 So.2d at 454, 457 , the defendant “pushed her onto her back in the bed of his pick-up truck” and “got on top of her.” In Wilkinson, 772 So.2d at 766 , the defendant “pushed down [the victim’s] clothing [and] laid on top of her” after he grabbed her and threw her to the ground. In the instant matter, although the victim testified that Defendant “said, lay down,” she also testified “[she] didn’t know [intercourse] was going to happen[ ]” and that Defendant “made” her lie down in the bed of the truck. Then, he pushed her panties to the side; she did not willingly remove them. Then, he “g”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Thibeaux · 201 So. 3d 358 - State v. Blunt

2. “| ?sThe victim in this case stated that she submitted because the defendant threatened to kill her if she did not.Although she did not state in so many .words that she did not resist because she believed that resistance would not prevent the rape, that is the clear meaning of her testimony. If that meaning, is not given to her testimony, it is tantamount to requiring a person threatened with rape to either be faced with a dangerous weapon or to resist to the utmost and, in either case, subject themselves to the possibility of great physical harm or death. This is resistance in-the context of aggravated rape. Forcible rape requires less.”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Thibeaux · 201 So. 3d 358 - State v. Blunt

3. “To sustain a' conviction for forcible rape, actual resistance is not required. Rather, all that is necessary is that the victim be prevented from resisting by force or threats of physical harm to such an extent that she reasonably believed resistance to be futile. Only a subjective, reasonable belief is necessary.”

   2 later decisions quote this exact passage
   e.g. State v. Thibeaux · 201 So. 3d 358 - State v. Blunt