Boutwell v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he evidence offered to the court did not show that the complaining witness, [M.B.], was promiscuous. Promiscuity connotes a variety of consensual sexual conduct with a variety of partners, and clearly excludes, for example, a single prior act of sexual intercourse. Searcy and Patterson, Practice Commentary, Tex.Pen.Code Ann. § 21.09 (Vernon 1974). Moreover, we think that an element of continuing conduct extending over a reasonable period of time is implicit in the concept of promiscuity. A person is not promiscuous simply because he has engaged in several acts of sexual conduct within one twenty-four hour span.”

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

2. “[T]he evidence offered to the court did not show that the complaining witness, [M.B.], was promiscuous.... Therefore, since [M.B.’s] conduct did not rise to the level of “promiscuity,” the trial court did not err in refusing to charge the jury on the defense of prior promiscuity. (Citation omitted).”

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