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← 475 F.2d 829 - Jellum v. Cupp

Jellum v. Cupp’s Empirical Analysis

475 F.2d 829 · 1973

Citation profile

14
cited by 14 later decisions
3
states following
October 2000
most recently cited

5 federal appellate · 1 district · 4 state decisions

How this case has been cited

Cited by 14 later decisions — most recently October 2000

5 federal appellate · 1 district · 4 state decisions

901973198019902000decided

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 v. James Griggs Raines · Winters v. People of State of New York · United States v. National Dairy Products Corp. · Giaccio v. State of Pennsylvania · Ex parte Siebold

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

  1. ““There is simply no commonly accepted, definite meaning of the phrase ‘unnatural conduct contrary to the course of nature.’ Accordingly, we must conclude that the statute, as construed in Anthony, [State v. Anthony, 179 Or. 282 , 169 P.2d 587 ] supplies a jury (or a judge sitting without a jury) no legally fixed standards under which to determine guilt. Further, we note that the statute does not supply any standard or basis for a trial judge to apply in submitting one case to a jury or refusing to submit another for jury consideration. This same looseness in the statutory language would allow a state prosecutor to use the statute selectively to rid the community of persons subjectively deemed guilty of committing ‘abnormal’ or ‘unnatural’ acts.” 475 F.2d at 832 .”
    1 later decision quote this exact passage · from the majority
  2. ““ ‘The varieties of human sexual behavior are encyclopedic. A beginning inventory, from arson to zooerastry, can be found in R. von Krafft-Ebing, Psychpathia Sexualis. If a statute allows the district attorney to pick through this catalog and make a felony of any sex-related act that offends his concept of “normal” behavior, the statute is, of course unconstitutional.’ ” 475 F.2d at 832 .”
    1 later decision quote this exact passage · from the majority
  3. “unnatural conduct contrary to the course of nature”
    1 later decision quote this exact passage · from the majority

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.