State v. Gallipo’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Rape is an act of sexual penetration accomplished with any person under any of the following circumstances: [[Image here]] (2) Through the use of force, coercion or threats of immediate and great bodily harm against the victim or other persons within the victim’s presence, accompanied by apparent power of execution; or (3) If the victim is incapable, because of physical or mental incapacity, of giving consent to such act; or (4) If the victim is incapable of giving consent because of any intoxicating, narcotic or anesthetic agent or hypnosis; or ... A violation of subdivision (2), (3) or (4) of this section is rape in the second degree, which is a Class 2 felony.”

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

2. “Our standard of review on a denial of a motion for judgment of acquittal is whether the state set forth sufficient evidence from which the jury could reasonably find the defendant guilty of the crime charged. State v. Farmer, 407 N.W.2d 821, 825 (S.D.1987). In reviewing the sufficiency of the evidence, we consider the evidence in a light most favorable to the verdict. State v. Ashker, 412 N.W.2d 97, 105 (S.D.1987). A guilty verdict will not be set aside if the state's evidence and all favorable inferences that can be drawn therefrom support a rational theory of guilt. Id.; State v. Andrews, 393 N.W.2d 76, 80 (S.D.1986).”

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

3. ““Moreover, lack of consent by a victim in a rape case is not established solely by showing physical resistance by the victim. Blalack, supra. The element of compulsion can be satisfied by showing that the victim submitted out of fear of violence or injury. Id."”

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