State v. Howard’s Empirical Analysis
1988
Citation profile
2 federal appellate · 2 district · 32 state decisions
How this case has been cited
Cited by 36 later decisions — most recently December 2019 · most notably State v. Zamora (1990), State v. Scott (1992)
2 federal appellate · 2 district · 32 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 State v. Buggs · State v. Garnes · State v. Pham · State v. Dorsey · State v. Cabral
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The facts out of which this case arose are sordid but must be recited in some detail because they control the issues raised. On March 5, 1987, Howard went to the home of his former girlfriend, M, who was nine months pregnant, and told her he was leaving town. He told her she could have his furniture if she would come and get it. She indicated she would not be able to do so because of her condition. M’s sister, R, overheard the conversation and offered to go get the furniture for her sister. R went with Howard on the short walk to his apartment around 12:30. Upon entering the apartment, Howard made several telephone calls. He then told R to help him with the furniture in the bedroom. As R was packing up the stereo, she felt a sharp pain behind her right ear and fell onto the bed, where Howard beat her, bit her, and. demanded she undress. When R was unclothed, Howard forced his penis into her vagina while she begged him to stop. Howard told her to shut up and rolled her on her stomach, beat her on the back of her head, and inserted his penis into her anus. He then forced his penis into her mouth. As R continued to struggle and try to escape, Howard tried unsuccessfully to tie her hands with cord and a shoestring from R’s shoe. He repeatedly threatened to kill her, broke a glass behind her head, and shoved her head toward the broken pieces. R then tried to escape by telling Howard she needed to use the bathroom. Howard grabbed her arm and accompanied her. In the bathroom, he aga”
1 later decision quote this exact passage · from the majority““Multiplicity exists when the State uses ‘a single wrongful act as the basis for multiple charges.’ [Citation omitted.] Charges are not multiplicitous if each charge requires proof of a fact not required in proving the other. [Citation omitted.] . . . Offenses are also not multiplicitous when they occur at different times and different places, because they cannot then be said to arise out of a single wrongful act.” State v. Howard, 243 Kan. 699, 703 , 763 P.2d 607 (1988).”
1 later decision quote this exact passage · from the majoritye.g. State v. Woods“Clearly Howard's actions were not slight, inconsequential, or merely incidental to the sex crimes and were not inherent in the nature of the sex crimes.”
1 later decision quote this exact passage · from the majoritye.g. State v. Zamora
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.