State v. Jacques’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 9 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““After arguments were heard in this controversy the court, on the motion of Jacques’s appellate counsel and over the state’s objection, permitted the defense to supplement the record by the inclusion of an affidavit executed by a former assistant attorney general who had initially interviewed Kathy. This individual states as his recollection that Kathy told him that she did not scream or cry for help because it would have been futile for her to do so since no one would have been able to hear her screams. The attorney general, on the other hand, points out that Kathy’s inconsistencies were demonstrated at trial through cross-examination by defense counsel who directed the jury’s attention to the fact that Kathy never mentioned to the Lincoln police investigator that she had screamed during her encounter with Jacques. In explaining this omission Kathy, on cross-examination, said “I might have told him, I don’t know if I told them.” She also conceded that if the investigator did not write the word “scream,” “I probably did not use that word.” Cross-examination did, however, indicate that the term used in the police report was that she began to “whimper.” It is obvious that the jury was well aware of the inconsistencies in Kathy’s testimony relative to whether she screamed or cried once Jacques had pushed her onto the chair. Here the affidavit contains material which is cumulative at best but does not require the grant of a new trial. State v. Brown, 528 A.2d 1098 at 1104 (R.I.19”

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

2. ““(i) Uses or threatens to use a weapon, or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon. “(ii) Overcomes the victim through the application of physical force or physical violence. “(iii) Coerces the victim to submit by threatening to use force or violence on the victim and the victim reasonably believes that the accused has the present ability to execute these threats. “(iv) Coerces the victim to submit by threatening to at some time in the future murder, inflict serious bodily injury upon or kidnap the victim or any other person and the victim reasonably believes that the accused has the ability to execute this threat.” (Emphasis added.)”

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

3. “[w]e note that the type of penetration is unimportant under the sexual-assault statute. The fact that only digital penetration occurred does not lessen Kathy’s fear and humiliation. Under the sexual-assault statute, every male and female has an interest in bodily integrity. That integrity is violated regardless of the type or length of time of the penetration. (Emphasis added) ... The sexual assault was completed once Jacques’s fingers penetrated into Kathy’s vagina.”

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