40 Wash. App. 134 - State v. Eker’s Empirical Analysis
1985
Citation profile
9 state decisions
How this case has been cited
Cited by 9 later decisions — most recently November 2011
9 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 81 Wash. 2d 628 - State v. Frazier · 101 Wash. 2d 654 - State v. Davis · 93 Wash. 2d 751 - State v. Tongate · 84 Wash. 2d 42 - State v. Robinson · 31 Wash. App. 262 - State v. Plakke
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As a practical matter, this difference obviously suggested to the jury that the two questions contemplated different — and not necessarily overlapping — elements. However, this conclusion was reached in the context of reconciling what appeared to be inconsistent verdicts, where the court had the duty to harmonize them. Eker , at 140. Thus, Eker is not dispositive. Mr. Sabala next argues the location of the gun under the driver's seat constituted only constructive possession which did not rise to the level of proof needed for”
1 later decision quote this exact passage“used in RCW 9.95.040, citing State v. Eker, 40 Wn. App. 134, 139 , 697 P.2d 273 (1985). The special verdicts were used only to invoke the penalty enhancement statutes. The questions were necessarily couched precisely in the language of the controlling statutes. One was in the disjunctive (armed with or in possession of); the other used the single term”
1 later decision quote this exact passage“[t]here was ample evidence to support a finding that Eker forcibly compelled Ms. M. to engage in sexual intercourse under an implied threat that a deadly weaponthe gunwould be used if she did not succumb.”
1 later decision quote this exact passagee.g. State v. Bright
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.