State v. Percy’s Empirical Analysis
1962
Citation profile
2 federal appellate · 2 district · 38 state decisions
How this case has been cited
Cited by 42 later decisions — most recently February 2005 · most notably State v. Logue (1985), State v. Floody (1992)
2 federal appellate · 2 district · 38 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 Jones v. Tucker · People v. Evans · 14 Cal. 2d 154 - People v. Adams · Carbone v. Warburton · Cumberland & Westernport Transit Co. v. Metz
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Therefore, it is not surprising to find that prior to our adoption of the federal rules this court stated in State v. Percy, 80 S.D. 1, 7 , 117 N.W.2d 99, 102 (1962): While the time that elapsed between the event and the statement is a factor to be considered, it is not determinative. Whether an utterance was made under the influence of the event must be determined on the basis of the circumstances in each case. The admissibility of such statements is in the sound discretion of the trial court and we will disturb his holding only if convinced that such discretion was abused.”
7 later decisions quote this exact passage“"Under certain external circumstances of physical shock, a stress of nervous excitement may be produced which stills the reflective faculties and removes their control, so that the utterance which then occurs is a spontaneous and sincere response to the actual sensations and perceptions already produced by the external shock."”
1 later decision quote this exact passagee.g. State v. Thorpe“`[w]here the victim is of an age as to render improbable that her utterance was deliberate and its effect premeditated the utterance need not be so nearly contemporaneous with the act as in the case of an older person.'”
1 later decision quote this exact passagee.g. State v. Bawdon
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.