State v. Arnett’s Empirical Analysis
2001
Citation profile
11
cited by 11 later decisions
1
states following
July 2019
most recently cited
8 state decisions
Relationships
Relies on Swafford v. State · Gray v. State · State v. Pike · State v. Jones · State v. Wilkerson
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.
“.The conduct at issue involves two acts of vaginal sexual penetration, i.e., one digital -.and one penile. The testimony of the victim relating to the separate counts provides, “he tried to put his penis inside of me, but he couldn’t get it in. So he used his finger, and then he tried again and put his penis inside of me then.” Clearly, the penetrations invaded the same body area of the victim, with only seconds elapsing between the two penetrations. Obviously, from the victim’s testimony, the digital penetration was merely the means of completing the penile penetration. We are unable to conclude that the intervening seconds between the penetrations provided a sufficient lapse of time so as to permit the development of “a newly formed intent” as the digital penetration only served.to facilitate the penile penetration. Phillips, 924. S.W.2d at 665. Accordingly, we find that the two vaginal penetrations of Smith were not separate and distinct offenses. As such, the appellant’s convictions and sentences for aggravated rape violate protections against double jeopardy.”
1 later decision quote this exact passage · from the majority“[w]hile we recognize that all victims of crimes, certainly victims of rape, must surely experience mental trauma, we are aware that no two crimes are exactly the same, and no two victims react to this crime in the same manner. Because some victims may suffer even more emotional trauma than is normally involved with this offense, our legislature has seen fit to enhance the punishment for those defendants causing “particularly great” psychological injury.”
1 later decision quote this exact passage · from the majoritye.g. State v. Osborne“pain or suffering for its own sake or from the gratification derived therefrom,”
1 later decision quote this exact passage · from the majoritye.g. Owens v. Parris
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.