State v. Folck’s Empirical Analysis
1982
Citation profile
36 state decisions
How this case has been cited
Cited by 39 later decisions — most recently March 2018 · most notably Brown v. Commonwealth (1985), Jones v. State (1991)
36 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 United States Steel Corporation v. United States Environmental Protection Agency · State v. Lass · State v. Rich · State v. Houston · State v. Barker
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Defendant next claims his motion for a directed verdict should have been sustained since there was insufficient proof of confinement. He maintains the victim voluntarily entered the vehicle and was not restrained until the assault took place. He urges that any confinement was merely incidental to the underlying sexual abuse and will not support a kidnapping conviction.... Reviewing the evidence in the light most favorable to the State, we hold there was a jury question on this issue. Complainant’s entry into the pickup truck was consensual; however, defendant’s subsequent deviation from the route was objected to on several occasions. Complainant was forced to smoke a marijuana cigarette while she was en route. She was taken over two miles from the initial improper turnoff to a dark and secluded place and then attacked at a spot 60 to 70 feet away from the parking lot and sidewalk. Given these facts, a jury properly could conclude her consent was terminated when the defendant intentionally turned away from the route to the complainant’s home. The defendant’s movement of the victim to a secluded place exceeded the confinement or removal that is inherent in the commission of the crime of sexual abuse. His action indicates he sought seclusion as a means of avoiding detection. The remoteness of the location where the attack took place substantially increased the risk of harm to the victim if she attempted to defend herself or escape. The victim was unfamiliar with the area, and th”
1 later decision quote this exact passagee.g. State v. Coen“1. No minimum period of confinement or distance of removal is required for conviction of kidnapping. 2. The period of confinement or distance of removal must exceed what is normally incidental to the commission of sexual abuse. 3. The confinement or removal must have significance independent from the act of sexual abuse itself in one of the following ways: a. Substantially increase the risk of harm to the victim. b. Significantly lessen the risk of detection. c. Significantly facilitate eseape following the consummation of the sex abuse offense.”
1 later decision quote this exact passagee.g. State v. Misner“We do not foreclose the State’s right to convict a defendant of both kidnapping in the first degree and sexual abuse if the case is presented that way and the jury makes findings accordingly. A defendant should not be allowed to repeatedly assault his victim and fall, back on the argument his conduct constitutes but one crime. Other jurisdictions have met this problem in considering whether there can be separate charges based on multiple sexual assaults. A number of courts have held a defendant may be convicted separately for each attack.”
1 later decision quote this exact passagee.g. State v. Constable
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.