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← 112 P.3d 561 - State v. Carter

State v. Carter’s Empirical Analysis

2005

Citation profile

11
cited by 11 later decisions
1
states following
July 2018
most recently cited

11 state decisions

Relationships

Relies on Strickland v. Washington · 94 Wash. 2d 216 - State v. Green · 127 Wash. 2d 322 - State v. McFarland · 119 Wash. 2d 192 - State v. Salinas · 117 Wash. 2d 829 - State v. Lord

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

  1. “A person is not guilty of possession of [an unlawful firearm] if the possession is unwitting. Possession of [an unlawful firearm] is unwitting if a person did not know that the [firearm] was in his possession. The burden is on the defendant to prove by a preponderance of the evidence that the [firearm] was possessed unwittingly. Preponderance of the evidence means that you must be persuaded, considering all of the evidence in the case, that it is more probably true than not true.”
    3 later decisions quote this exact passage
  2. “while the predicate offense court apparently failed to inform Mr. Carter according to the statute, he was not affirmatively misled”
    2 later decisions quote this exact passage
  3. “shifted the burden of proving the knowledge element from the State to the defense.”
    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.