55 Wash. App. 738 - State v. Brown’s Empirical Analysis
1989
Citation profile
63 state decisions
How this case has been cited
Cited by 63 later decisions — most recently April 2022 · most notably State v. Arceo (1996), 117 Wash. 2d 211 - State v. Grewe (1991)
63 state decisions — followed in 11 states
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 Cleveland Board of Education v. Loudermill · Lindsey v. State of Washington · 101 Wash. 2d 566 - State v. Petrich · 109 Wash. 2d 207 - State v. Dunaway · 106 Wash. 2d 514 - State v. Nordby
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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"`Particularly when the accused resides with the victim or has virtually unchecked access to the child, and the abuse has occurred on a regular basis and in a consistent manner over a prolonged period of time, the child may have no meaningful reference point of time or detail by which to distinguish one specific act from another. The more frequent and repetitive the abuse, the more likely it becomes that the victim will be unable to recall specific dates and places. Moreover, because the molestation usually occurs outside the presence of witnesses, and often leaves no permanent physical evidence, the state's case rests on the testimony of a victim whose memory may be clouded by a blur of abuse and a desire to forget. See People v. Luna, 250 Cal.Rptr. 878, 884 , 204 Cal. App.3d 726 , quoting People v. Martinez, 243 Cal.Rptr. 66, 73 , 197 Cal.App.3d 767 (1988) (Hamlin, J., dissenting).'"”
9 later decisions quote this exact passagee.g. Ex Parte King · R.L.G. v. State“[r]endering such testimony as was given here inadequate even under a unanimity instruction would force prosecutors to make an election that the Petrich court described as "impractical.” With the exception of those who happen to select victims with better memories or who are 1-act offenders, the most egregious child molesters effectively would be insulated from prosecution![ 20 ]”
3 later decisions quote this exact passage · from the dissent“The sexual contact between [defendant] and [his victim] was achieved by an instrumentality which served as an extension of the person. We see no difference between such activity [and] fondling a child with a gloved hand. We are satisfied that Brown's conduct is of the type the Legislature intended to proscribe.”
2 later decisions 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.