772 So. 2d 758 - State v. Wilkinson’s Empirical Analysis

Citation profile

29 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “could have reasonably believed that screaming would be futile.”

   4 later decisions quote this exact passage
   e.g. 160 So. 3d 647 - State v. Carter · State v. Thibeaux

2. “It would be unfair to permit the defendant to have the advantage of the possibility that a lesser "compromise" verdict will be returned (as opposed to being convicted of the offense charged) and then to raise the complaint for the first time on appeal, that the evidence did not support the responsive verdict to which he failed to object. State ex rel. Elaire v. Blackburn, 424 So.2d 246, 251-252 (La.1982), cert. denied, 461 U.S. 959 , 103 S.Ct. 2432 , 77 L.Ed.2d 1318 (1983).”

   3 later decisions quote this exact passage
   e.g. State v. Harrell · 128 So. 3d 534 - State v. Banks

3. “A. Forcible rape is rape committed when the anal or vaginal sexual intercourse is deemed to be without the lawful consent of the victim because it is committed under any one or more of the following circumstances: (1) When the victim is prevented from resisting the act by force or threats of physical violence under circumstances where the victim reasonably believes that such resistance would not prevent the rape.”

   2 later decisions quote this exact passage
   e.g. State v. D.T. · 998 So. 2d 1258 - State v. DT