Duncan v. State’s Empirical Analysis
1978
Citation profile
3 federal appellate · 57 state decisions
How this case has been cited
Cited by 62 later decisions — most recently April 2022 · most notably Wright v. Superior Court (1997), State v. Littlejohn (1986)
3 federal appellate · 57 state decisions — followed in 14 states
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
Applies 18 U.S.C. § 3284
Relies on Marron v. United States · Toussie v. United States · United States v. Scharton · Pendergast v. United States · United States v. Habig
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"[o]rdinarily, a continuing offense is marked by a continuing duty in the defendant to do an act which he fails to do. The offense continues as long as the duty persists, and there is a failure to perform that duty."”
2 later decisions quote this exact passage · from the majority“[T]he crime was committed at the time Duncan accepted and retained the coat.... Retaining the goods thereafter was no more than a continuance of the result or effect of the original crime and not a continuing course of criminal conduct.”
1 later decision quote this exact passage · from the majority““Except as provided by this section, a prosecution for a misdemeanor not made punishable by confinement in the penitentiary by statute shall be instituted within one year after the offense was committed.””
1 later decision quote this exact passage · from the concurrencee.g. Massey 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.