State v. Hoffman’s Empirical Analysis

Citation profile

1 federal appellate · 12 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It therefore clearly appears that ‘the fear’ which renders the utmost resistance unnecessary is a ‘fear of death or great bodily harm,’ a ‘fear of great personal injury,’ or ‘serious personal injury,’ a fear that ‘so overpowers her that she dares not resist,’ a ‘fear and terror so extreme as to preclude resistance,’ a fear which renders her mind ‘well nigh incapable of continuing her resistance to repel him.’ The fear therefore must not only be real but so great as to terrify her and render her practically incapable of resistance.””

   3 later decisions quote this exact passage
   e.g. 41 Wis. 2d 12 - State v. Muhammad · 49 Wis. 2d 513 - State v. Herfel

2. ““From the testimony of the complaining witness it appears that she was fully cognizant of everything that was going on, fully able to relate every detail thereof, and that she was in no reasonable sense dominated by that fear which excused the ‘utmost resistance’ within her power. “While the evidence is well calculated to arouse keen indignation against the defendant who so persistently and importunately pursued the complaining witness, who at that time was a virgin, it falls short, in our opinion, of proving a case of rape.5’”

   1 later decision quote this exact passage
   e.g. Oakley v. State