State v. Doughty’s Empirical Analysis

Citation profile

11 state decisions

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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In criminal cases, the arresting or investigating officer will often explain his going to the scene of the crime or his interview with the defendant, or a search or seizure, by stating that he did so ‘upon information received’ and this of course will not be objectionable as hearsay, but if he becomes more specific by repeating definite complaints of a particular crime by the accused, this is so likely to be misused by the jury as evidence of the fact asserted that it should be excluded as hearsay.””

   2 later decisions quote this exact passage
   e.g. State of Iowa v. Matthew Joseph Elliott · State of Iowa v. Demetrice De'angelo Tompkins

2. ““One of the essential elements of Kidnapping which the State must prove beyond a reasonable doubt is that (the victim) was confined or removed or both. This requires more than the confinement or removal that is inherent within the commission of the offense of sexual abuse, as it is alleged to have occurred in this case. Although no minimal period of confinement or distance of removal is required, it must exceed that which is incidental or dependent upon the commission of any sexual abuse and must be more than slight, inconsequential or as an incident inherent to any sexual abuse so that the confinement or removal or both has a significance separate and apart from any sexual abuse. Such confinement or removal or both may exist because it substantially increases the risk of harm to the victim or significantly lessens the risk of detection or significantly facilitates escape. However, it is for you, the jury, after a full and impartial consideration of the evidence admitted during the trial, to determine whether there is confinement or removal or both as defined herein.””

   1 later decision quote this exact passage
   e.g. State of Iowa v. Scott Robert Robinson

3. “We find no merit in the argument that the court erred in failing to state in its instructions that the “intent to subject the [victim to] sexual abuse,” for kidnapping under section 710.1(3) must be a “specific” rather than a general intent. The jury was correctly instructed that it must find an intent to commit sexual abuse. Such intent is specific, regardless of how it was characterized by the court; and it is not necessary that the statutory language be supplemented by insertion of the word “specific.” While the court could have avoided this argument by simply acceding to the defendant’s request, it was not error to refuse to do so.”

   1 later decision quote this exact passage
   e.g. Nims v. State