State v. Cohen’s Empirical Analysis
1990
Citation profile
22 state decisions
How this case has been cited
Cited by 23 later decisions — most recently January 2019
22 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 In the Matter of Samuel Winship · Missouri v. Continential Insurance Cos. · Patterson v. New York · Robertson v. Methow Valley Citizens Council · Unimet Corp. v. United Steelworkers
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a]n `affirmative defense' is any defense that assumes the complaint or charges to be correct but raises other facts that, if true, would establish a valid excuse or justification or a right to engage in the conduct in question. An affirmative defense does not concern itself with the elements of the offense [which must always be proven by the State] but it concedes them.”
9 later decisions quote this exact passagee.g. Gonzalez v. State · Smiley v. State“[T]he language contained in subsection (3) at least suggests that the legislature, when it enacted subsection (l)(a), intended only to criminalize acts that encourage witnesses to testify falsely. This is because, on its face, subsection (3) attempts to establish an “affirmative defense” that the conduct in question was meant to induce truthful testimony from the witness. Yet simultaneously, subsection (3) is so inherently illogical and ineffectual as to cast serious doubt on this first-blush assumption. Thus, paragraph (a) of subsection (1) is facially vague. Here, we cannot determine whether the legislature in subsection (1), paragraph (a), intended to criminalize efforts to influence only untruthful, or both truthful and untruthful, testimony.”
1 later decision quote this exact passage“[influence the testimony of any person in an official investigation or official proceeding,” and subsection 914.22(3), Florida Statutes, provided that it was”
1 later decision quote this exact passage · from the dissent
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.