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← 986 S.W.2d 545 - State v. Barney

State v. Barney’s Empirical Analysis

1999

Citation profile

7
cited by 7 later decisions
1
states following
August 2017
most recently cited

6 state decisions

How this case has been cited

Cited by 7 later decisions — most recently August 2017

6 state decisions

40199920002010decided

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 · 9 Cal. 4th 331 - People v. Scott · Duchac v. State · State v. Denton · State v. Hill

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. “1. temporal proximity—the greater the interval between the acts, the more likely the acts are separate; 2. spatial proximity—movement or repositioning tends to suggest separate acts; 3. occurrence of an intervening event— an interruption tends to suggest separate acts; 4. sequence of the acts—serial penetration of different orifices as distinguished from repeated penetrations of the same orifice tends to suggest separate offenses; and 5. the defendant’s intent as evidenced by conduct and statements.”
    1 later decision quote this exact passage
  2. “held that if the act in question directly facilitates or is merely incidental to the accompanying sexual conduct (such as, for example, applying lubricant to the area of intended copulation), convictions for both acts would be barred. If, however, the act in question is ‘preparatory’ only in the sense that it is intended to sexually arouse either the victim or the perpetrator, separate convictions are not barred.”
    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.