Tyson v. State’s Empirical Analysis
1993
Citation profile
5 federal appellate · 1 district · 26 state decisions
How this case has been cited
Cited by 36 later decisions (1 by the Supreme Court) — most recently April 2012 · most notably United States v. Pearson (2000), Tyson v. Trigg (1995)
5 federal appellate · 1 district · 26 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 United States v. Wade · Daniel v. Security Pacific National Bank · Oklahoma v. New Mexico · McNamara v. County of San Diego Department of Social Services · Oneida Motor Freight, Inc. v. United Jersey
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An offer of proof provides the appellate court with the scope and effect of the area of inquiry and the proposed answers, in order that it may consider whether the trial court's ruling excluding the evidence was proper.”
3 later decisions quote this exact passage“(1) Whether the nature of defendant’s violation was trivial or substantial. The trial court should consider when the witness first became known to defense counsel. (2) How vital the potential witness’ testimony is to the defendant’s case. The trial court should determine the significance of the proffered testimony to the defense. Is the testimony relevant and material to the defense or merely cumulative? (3) The nature of the prejudice to the State. Does the violation have a deleterious impact on the case prepared by the State? (4) Whether less stringent sanctions are appropriate and effective to protect the interests of both the defendant and the State. (5) Whether the State will be unduly surprised and prejudiced by the inclusion of the witness’ testimony despite the available and reasonable alternative sanctions ... which can mitigate prejudice to the State by permitting the State to interview the witnesses and conduct further investigation, if necessary.”
2 later decisions quote this exact passage“Evidence that the alleged victim consented to the sexual act is evidence that negates compulsion, while evidence that the alleged victim did not consent may be evidence that the victim was compelled. Arguably, then, in order to raise the defense of mistake of fact in a rape or criminal deviate conduct case, there must be evidence that suggests the defendant was reasonably mistaken as to whether a sexual act occurred or whether force or threatened force was used, the prohibited conduct components of the offenses. Evidence that the sexual act or force or threat of force did not occur cannot raise a mistake of fact “defense” because that evidence denies the prohibited conduct, and there cannot have been a mistake about conduct which did not occur.”
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.