Duncan v. State’s Empirical Analysis
1978
Citation profile
47 state decisions
How this case has been cited
Cited by 47 later decisions — most recently November 2015 · most notably People v. McKenna (1978), Parker v. State (1980)
47 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 46 Cal. 2d 517 - Beneficial Fire & Casualty Insurance v. Kurt Hitke & Co. · Pleasant v. State · Zinn v. State · Sprouse v. Mages · Fike 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We cannot say from this record that Duncan was prejudiced by the ruling of the court. First of all, virginity is not relevant per se in a rape case. The courts have historically permitted a defendant’s attorney to cross-examine in detail a victim as to her complete sexual history. This information is usually totally irrelevant to the charge of rape. [The rape-shield statute] was obviously designed to limit this type of examination and protect the victim from unnecessary humiliation.”
1 later decision quote this exact passagee.g. Fields v. State“evidence directly pertaining ... [to] the victim's prior sexual conduct with the defendant or any other person may be admitted... if the court determines that the offered proof is relevant to a fact in issue, and that its probative value outweighs its inflammatory or prejudicial nature....”
1 later decision quote this exact passage · from the dissente.g. State v. Sheard“credibility of the victim, to prove consent, or any other defense, or for any other purpose.”
1 later decision quote this exact passage · from the dissente.g. Joyner 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.