State v. Calbero’s Empirical Analysis
1989
Citation profile
3 federal appellate · 25 state decisions
How this case has been cited
Cited by 28 later decisions — most recently June 2020 · most notably United States v. Begay (1991), State v. Balisbisana (1996)
3 federal appellate · 25 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 State v. Williams · Doe v. United States · 634 F. Supp. 933 - Government of the Virgin Islands v. Jacobs
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Rape cases; relevance of victim’s past behavior. (a)Notwithstanding any other provision of law, in a criminal case in which a person is accused of rape or sexual assault under any of the provisions of chapter 707, part V of the Hawaii [Hawai'i] Penal Code, reputation or opinion evidence of the past sexual behavior of an alleged victim of such rape or sexual assault is not admissible. (b)Notwithstanding any other provision of law, in a criminal case in which a person is accused of rape or sexual assault under any of the provisions of chapter 707, part V of the Hawaii [Hawai'i] Penal Code, evidence of a victim's past sexual behavior other than reputation or opinion evidence is also not admissible, unless such evidence other than reputation or opinion evidence is: (1) Admitted in accordance with subsection (c)(1) and (2) and is constitutionally required to be admitted; [[Image here]] (c)(1) If the person accused of committing rape or sexual assault intends to offer under subsection (b) evidence of specific instances of the alleged victim’s past sexual behavior, the accused shall make a written motion to offer such evidence not later than fifteen days before the date on which the trial in which such evidence is to be offered is scheduled to begin, except that the court may allow the motion to be made at a later date, including during trial, if the court determines either that the evidence is newly discovered and could not have been obtained earlier through the exercise of due dil”
1 later decision quote this exact passage · from the majority“cannot override the constitutional rights of the accused”
1 later decision quote this exact passage · from the majoritye.g. State v. Tetu.
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.