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← 910 P.2d 441 - State v. Montoya

State v. Montoya’s Empirical Analysis

1996

Citation profile

7
cited by 7 later decisions
1
states following
November 2015
most recently cited

7 state decisions

How this case has been cited

Cited by 7 later decisions — most recently November 2015

7 state decisions

40199620002010decided

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. Pena · State v. Sery · State v. Tillman · Sunderland v. United States · State v. Howell

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

  1. “Counsel would have us require the State to prove there was no rape,-a greater crime,-in order to prove a lesser crime. Such a course, in logic, obviously is inimical to the interests of the accused. It is our belief and conclusion that the only rule that is realistic and makes sense is that the State need prove only that which it has charged and should be able to ignore proof as to lack of any greater offense to which the accused just may be required to respond.”
    1 later decision quote this exact passage
  2. “[the primary purpose of the 'under the circumstances not amounting to' language was likely to encourage criminal punishment under those greater crimes when the evidence in a particular case warrants it”
    1 later decision quote this exact passage
  3. “under cireumstances not amounting to rape, rape of a child or aggravated sexual assault”
    1 later decision quote this exact passage

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.