State v. Thompson’s Empirical Analysis
1976
Citation profile
3 federal appellate · 69 state decisions
How this case has been cited
Cited by 72 later decisions — most recently January 2001 · most notably State v. Brown (1987), State v. Sturdivant (1981)
3 federal appellate · 69 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. Covington · State v. McClain · State v. McClain · State v. Goines · State v. Overman
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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... a deadly weapon is used to procure the subjugation or submission of a rape victim within the meaning of [G.S. 14-21(l)(b)] when (1) it is exhibited to her and the defendant verbally, by brandishment or otherwise, threatens to use it; (2) the victim knows, or reasonably believes, that the weapon remains in the possession of her attacker or readily accessible to him; and (3) she submits or terminates her resistance because of her fear that if she does not he will kill or injure her with the weapon. In other words, the deadly weapon is used, not only when the attacker overcomes the rape victim’s resistance or obtains her submission by its actual functional use as a weapon, but also by his threatened use of it when the victim knows, or reasonably believes, that the weapon is readily accessible to her attacker or that he commands its immediate use.”
4 later decisions quote this exact passage““The enumerated similarities tend to show a modus operandi, a common plan embracing the commission of both crimes, and also establish a chain of circumstantial evidence tending to identify defendant as the man who raped Miss Elliott. Thus, evidence of the Conklin offense was admissible and should not be rejected because it incidentally proves defendant guilty of another crime. Its logical relevancy to the rape of Miss Elliott is obvious. The trial judge instructed the jury to consider such evidence ‘only as it relates to the identity of the defendant, Horace Ray McClain,’ as the man who raped Miss Elliott on 13 October 1971. It was competent on the question of identity and properly admitted. [Citations omitted.]” 282 N.C. at 362 , 193 S.E. 2d at 111-12 . See also State v. Thompson, 290 N.C. 431 , 226 S.E. 2d 487 (1976); State v. Grace, 287 N.C. 243 , 213 S.E. 2d 717 (1975); State v. Stegmann, 286 N.C. 638 , 213 S.E. 2d 262 (1975); State v. Tuggle, 284 N.C. 515 , 201 S.E. 2d 884 (1974); State v. Perry, 275 N.C. 565 , 169 S.E. 2d 839 (1969); State v. Biggs, 224 N.C. 722 , 32 S.E. 2d 352 (1944).”
1 later decision quote this exact passagee.g. State v. Perry“If the person guilty of rape is more than 16 years of age, and the rape victim had her resistance overcome or her submission procured by the use of a deadly weapon, or by the infliction of serious bodily injury to her, the punishment shall be death.”
1 later decision quote this exact passagee.g. State v. Brady
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.