State v. Barney’s Empirical Analysis
1999
Citation profile
6 state decisions
How this case has been cited
Cited by 7 later decisions — most recently August 2017
6 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 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. 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“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.