Stogner v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “statute to bring under control a long-standing tradition that rape victims could be discredited as witnesses based on prior sexual con-duet.... This tradition was based on the faulty notion that women who engaged in nonmarital intercourse were immoral and likely to engage in such conduct on any given occasion, and was deemed prejudicial and humiliating to the victim. Annotation, Constitutionality of”

   2 later decisions quote this exact passage
   e.g. Michael Scott Carroll, II v. State · Budig v. State

2. “In submitting a claim of deficient representation by appellate counsel, the petitioner in the post-conviction' proceeding must demonstrate to the district court, by reference to the record of the original trial without resort to speculation or equivocal inference, what occurred at that trial. The particular facts upon which the claim of inadequate representation by appellate counsel rests must be presented. The petitioner then must identify a clear and unequivocal rule of law which those facts demonstrate was transgressed in a clear and obvious, not merely arguable, way. Furthermore, the petitioner must show the adverse effect upon a substantial right in order to complete a claim that the performance of appellate counsel was constitutionally deficient because of a failure to raise the issue on appeal. The adverse effect upon a substantial right in the context of ineffective assistance of appellate counsel is shown by demonstrating a “reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.””

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

3. “designed to protect the victim from embarrassment and abuse at trial and also to encourage the reporting of sexual assaults to the authorities They are not enacted for the protection of the accused.”

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