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← 109 N.M. 769 - State v. Cotton

State v. Cotton’s Empirical Analysis

1990

Citation profile

21
cited by 21 later decisions
4
states following
December 2016
most recently cited

21 state decisions

How this case has been cited

Cited by 21 later decisions — most recently December 2016

21 state decisions

140199020002010decided

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. Lankford · State v. Segotta · State Ex Rel. Bird v. Apodaca · Jewell v. Seidenberg · State v. Brown

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. “For an attempt to constitute a criminal offense, proof is required both of an intent to commit the proscribed offense and the commission of some overt act in furtherance of the offense attempted. The offenses of solicitation and attempt are analytically distinct in their elements because solicitation, unlike attempt, is in the nature of preparation to commit an offense, rather than an act or acts in furtherance of the offense attempted. Proof of unilateral acts on the part of the defendant of an inducement or request to another that the latter commit a felony is, however, sufficient to establish the crime of solicitation. As indicated by the committee commentary to [SCRA 1986,] 14-2817, relating to criminal solicitation, the committee found that under Section 30-28-3, “mere solicitation is not enough of an overt act to constitute an attempt.” Thus,-an attempt requires proof of an overt act to commit the intended criminal act. In contrast, a charge of solicitation is complete when the solicitation to commit the intended felony is made and it is immaterial that the object of the solicitation is not carried out or that no overt steps were in fact taken toward the consummation of the offense.”
    1 later decision quote this exact passage
  2. ““ ‘[A] person is guilty of criminal solicitation if, with the intent that another person engage in conduct constituting a felony, he solicits, commands, requests, induces, employs or otherwise attempts to promote or facilitate another person to engage in conduct constituting a felony ....’” (State v. Cotton, supra, 790 P.2d at p. 1052 ; see N.M. Stat. Ann. § 30-28-3 (A).)”
    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.