State v. Herrera’s Empirical Analysis
1978
Citation profile
2 federal appellate · 84 state decisions
How this case has been cited
Cited by 86 later decisions — most recently August 2023 · most notably State Ex Rel. Collins v. Seidel (1984), 190 W. Va. 711 - Teter v. Old Colony Co. (1994)
2 federal appellate · 84 state decisions — followed in 11 states
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 Finch v. Connor · Alexander v. Delgado Ex Rel. Delgado · State v. Roy · Ammerman v. Hubbard Broadcasting, Inc. · State Ex Rel. Pope v. Superior Court
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 86 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The proper approach, in our opinion, is to recognize that past sexual conduct, in itself, indicates nothing concerning consent in a particular case. This is the starting point because relevancy is not an inherent characteristic of any item of evidence, but exists only as a relation between an item of evidence and a matter properly provable in the case. State v. Martin, 90 N.M. 524 , 565 P.2d 1041 (Ct.App.1977). If defendant claims a victim's past sexual conduct is relevant to the issue of the victim's consent, it is up to defendant to make a preliminary showing which indicates relevancy.”
1 later decision quote this exact passagee.g. State v. Gillette“The question of relevancy is not raised by asserting that it exists, there must be a showing of a reasonable basis for believing that past sexual conduct is pertinent to the consent issue, (citation omitted) 92 New Mexico at 16, 582 P.2d at 393 .”
1 later decision quote this exact passagee.g. State v. Gabrielson“Unless otherwise limited by order of the court, parties may obtain discovery regarding any matter, not privileged, which is relevant to the offense charged or the defense of the accused person * * *.”
1 later decision quote this exact passagee.g. State v. Garcia
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.