Kizer v. State’s Empirical Analysis
1986
Citation profile
2 federal appellate · 10 state decisions
How this case has been cited
Cited by 12 later decisions — most recently February 2006
2 federal appellate · 10 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 Strickland v. Washington · Neil v. Biggers · Foster v. California · Smith v. State · Glover v. State
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[b]oth of these offenses [rape and child molesting] as manifested in the pertinent language of the statutes and the language of the charging instruments, are aimed at punishing the conduct of an adult male toward achieving nonconsensual sexual intercourse. In the rape case, the noncon-sensual goal is to be proved by evidence of compulsion through force or imminent threat of force. In the molesting case, such nonconsensual goal is to be proved by evidence that the victim is under sixteen years of age and has no capacity to consent. The difference of importance between I.C. Secs. 35-42-4-1 and 35-42-4-3(c) is the manner in which this common quantity must be proved. This procedural difference does not render the two offenses substantively different in the double jeopardy context. From this viewpoint!,] we do not regard proof of age and proof of force as constituting proof of additional and separate ‘facts’ defeating a conclusion of sameness [citation omitted].”
1 later decision quote this exact passagee.g. Roberts v. State“the record is insufficient as a basis upon which to evaluate trial counsel's performance.”
1 later decision quote this exact passage
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.