Drake v. State’s Empirical Analysis
1978
Citation profile
9 federal appellate · 44 state decisions
How this case has been cited
Cited by 56 later decisions — most recently June 2015 · most notably State v. Kelly (2011), Drake v. Kemp (1985)
9 federal appellate · 44 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 Hawes v. State · Jarrell v. State · Gregg v. State · Moore v. State · Birt v. State
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the presence of the jury during such arguments [does] not bring the argument within the scope of Hawes, though it would be preferable if such argument were conducted outside of the jury's presence.”
2 later decisions quote this exact passagee.g. Drake v. Francis · Potts v. Zant“[t]he victim was over 70 years old, but he was healthy . . . Campbell was in his sixties, and suffered so severely from asthma and emphysema that he could not exert himself strenuously. Drake, on the other hand, was healthy and in his thirties. From this the state argued that Drake must have been the one who actually beat the victim.”
1 later decision quote this exact passagee.g. Drake v. State“[S]tate's case rested largely on Campbell's testimony, since there was no other direct evidence, and little circumstantial evidence of Drake's participation in the crime.”
1 later decision quote this exact passagee.g. Drake v. State
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.