702 So. 2d 680 - State v. Everidge’s Empirical Analysis
1997
Citation profile
37 state decisions
How this case has been cited
Cited by 37 later decisions — most recently May 2019 · most notably 750 So. 2d 1036 - State v. Hotoph (1999), 955 So. 2d 90 - State v. Blank (2007)
37 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 Sullivan v. Louisiana · 664 So. 2d 94 - State v. Johnson · 559 So. 2d 1321 - State v. Wille · State v. Sanders · 458 So. 2d 454 - State v. Martin
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A. Opinion and reputation evidence. When an accused is charged with a crime involving sexually assaultive behavior, reputation or opinion evidence of the past sexual behavior of the victim is not admissible. B. Other evidence; exceptions. When an accused is charged with a crime involving sexually assaultive behavior, evidence of specific instances of the victim's past sexual behavior is also not admissible except for: (1) Evidence of past sexual behavior with persons other than the accused, upon the issue of whether or not the accused was the source of semen or injury, provided that such evidence is limited to a period not to exceed seventy-two hours prior to the time of the offense, and further provided that the jury be instructed at the time and in its final charge regarding the limited purpose for which the evidence is admitted; or (2) Evidence of past sexual behavior with the accused offered by the accused upon the issue of whether or not the victim consented to the sexually assaultive behavior.”
3 later decisions quote this exact passage“A defendant's right to present a defense is sanctioned constitutionally and he can testify to or give evidence on any matter relevant to an issue material in the case. State v. Short, 94-0233 (La. App. 4th Cir.5/16/95), 655 So.2d 790, 793 ; State v. Trosclair, 584 So.2d 270, 275 (La.App. 1st Cir.1991), writ denied, 585 So.2d 575 (La.1991). The right of an accused rapist to present a defense is balanced against the victim's interests under the rape shield statute, which is meant to protect the victim of rape from having her sexual history made public. State v. Vaughn, 448 So.2d 1260, 1262 (La.1983). The rape shield law is precisely drawn to exclude evidence of an alleged rape victim's sexual history with persons other that the defendant. State v. Zierhut, 93-673 (La.App. 5th Cir. 2/9/94), 631 So.2d 1378, 1381 , writ denied, 94-0607 (La.6/3/94), 637 So.2d 500 . Article 412 does not proscribe a defendant's right to claim the defense of consent and put forth evidence to support his defense.”
3 later decisions quote this exact passage“A. [[Image here]] (2) Other evidence; exceptions. When an .accused is charged with a crime involving sexually assaultive behavior, evidence of specific instances of the victim’s past .sexual behavior is also not admissi-. ble-except for: [[Image here]] (b) Evidence of past sexual behavior with the accused offered by the accused upon the issue of whether or not the victim consented to the sexually assaultive behavior. [[Image here]] C. Motion. (1) Before the person, accused" of committing a' crime that involves sexually assaultive behavior ... 'may offer |S1 under Subparagraph (A)(2) ... of this Article evidence of specific instances of the victim’s past sexual behavior, the accused shall make a written - motion in camera to offer such evidence. The motion shall be accompanied by a •written statement of evidence setting forth the names and addresses of persons to be called as witnesses. (2) The motion and statement of evidence shall be served on the state which shall- make a reasonable effort to notify the victim prior to the hearing. D; Time for a motion. The motion shall be made within the time for filing pre-trial motions specified in Code of Criminal Procedure Article 521; except that the court shall allow the motion to ' be made at a later date; if the court determines that: (1) The evidence is of past sexual behavior with the accused, and the accused establishes that the motion was not timely made because of an impossibility arising through no fault of his own; ■ E. Hear”
1 later decision quote this exact passagee.g. State v. Moody
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.