State v. Studham’s Empirical Analysis
1977
Citation profile
13 state decisions
How this case has been cited
Cited by 13 later decisions — most recently August 2015
13 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 10 Utah 2d 34 - State v. Ward · 23 Utah 2d 128 - State v. Harless · State v. Howard · 12 Utah 2d 162 - State v. Horne · State v. Rutledge
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[The rule is that if there is nothing so inherently incredible about the victim's story that reasonable minds would reject it, a conviction may rest upon her testimony alone.”
2 later decisions quote this exact passage“Proposed Instruction “A” An act of sodomy or sexual intercourse is without the consent of the victim when the actor compels the victim to submit or participate by force that overcomes such earnest resistance that her age, strength of body and mind make it reasonable for her to do under the circumstances; or by any threat that would prevent resistance by a person of ordinary resolution. Such force or threats need not be limited to physical violence but may also include psychological and emotional stress or a combination of all three. Furthermore, it is not necessary to show that the victim engaged in heroics or subjected herself to great brutality or suffered or risked serious wounds or injuries. The law recognizes a number of factors which should be considered to determine if a sexual act was performed with or without the consent of one of the parties. One factor is evidence of marks or bruising on either party reflecting actual physical violence. Another factor is the opportunity to escape or whether the victim made an outcry. These can be reflected in the time of day of the incident, the isolated location of the incident, the possible sources of assistance in the sexual activity to the victim and any active participation by the victim. Likewise, the ease of assertion of the forcible accomplishment of the sexual act with the attendant difficulties of defending against such an assertion, and the proneness of the victim to assert force or violence when she realizes that her ac”
1 later decision quote this exact passagee.g. State v. Lovato“[T]he mere failure to make an ... outcry does not render a conviction unsupportable and [wjhether an outcry should have been made, depends upon how practical and effective it might have been.”
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.