Clayborn v. State’s Empirical Analysis
1983
Citation profile
6 federal appellate · 18 state decisions
How this case has been cited
Cited by 26 later decisions — most recently August 2007 · most notably United States v. Budd (2007), Brewer v. State (1985)
6 federal appellate · 18 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 Thornhill v. Alabama · Gardner v. State · Hamblin v. State · Needham v. State · Whitmore 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“That argument assumes a fallacious base because appellant was not solely charged with rape. If he had been charged only in general terms, then it might have been sufficient under our liberal rules of procedure, especially in the absence of a motion for a bill of particulars. But here appellant was charged with rape by forcibly engaging in deviate sexual activity. Such a charge includes the crimes formerly labelled by statute as sodomy and buggery, except for the bestiality aspect, and the penetration may be by finger, tongue or dildo.”
1 later decision quote this exact passagee.g. Martin v. Kassulke“the Kentucky rape statute ... provides only one offense of rape with two different methods of commission.... [The statute] was drafted to define all kinds of forcible rape, by whatever mode or method. “It actually makes no difference to the law, the victim, nor even the' defendant, how he committed the act, it is the violation that is defined and prohibited.””
1 later decision quote this exact passage · from the dissent“The majority’s reasoning is akin to arguing that it makes a difference whether one is killed with a bullet or a knife; a copper jacketed shell, or a dum dum bullet; a killing is a killing and the exact method used is invariably irrelevant unless the defendant can show some kind of prejudice.”
1 later decision quote this exact passage · from the dissente.g. Martin v. Kassulke
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.