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← 924 SW2D 662 - State v. Phillips

State v. Phillips’s Empirical Analysis

1996

Citation profile

21
cited by 21 later decisions
2
states following
August 2017
most recently cited

21 state decisions

How this case has been cited

Cited by 21 later decisions — most recently August 2017

21 state decisions

80199620002010decided

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 Blockburger v. United States · North Carolina v. Pearce · State v. Black · State v. Blackburn · Lillard v. State

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

  1. “1. A single offense may not be divided into separate parts; generally, a single wrongful act may not furnish the basis for more than one criminal prosecution; 2. If each offense charged requires proof of a fact not required in proving the other, the offenses are not multiplici-tious; and 3. Where time and location separate and distinguish the commission of the offenses, the offenses cannot be said to have arisen out of a single wrongful act.”
    5 later decisions quote this exact passage
  2. ““[Although separate acts of intercourse may be so related as to constitute one criminal offense, generally rape is not a continuous offense, but each act of intercourse constitutes a distinct and separate offense.” Moreover, each of the above-described acts is separately defined in Tenn.Code Ann. § 39-13-501(7) as a discrete type of sexual penetration subsumed by Tenn.Code Ann. § 39-13-502, the aggravated rape statute. Each act, in our opinion, is capable of producing its own attendant fear, humiliation, pain, and damage to the victim. Each type of penetration requires a purposeful act on the part of the perpetrator.”
    2 later decisions quote this exact passage
  3. “1. The nature of the act; 2. The area of the victim’s body invaded by the sexually assaultive behavior; 3. The time elapsed between the discrete conduct; [and] ■ 4. The accused’s intent, in the sense that the lapse of time may indicate a newly formed intent to again seek sexual gratification or inflict abuse[.]”
    2 later decisions 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.