King v. Graham’s Empirical Analysis

Citation profile

1 federal appellate · 1 district · 19 state decisions

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

1. “[A] person who knowingly provides false information to .. a law enforcement official who has the discretion to decide whether to prosecute a criminal violation -cannot be said to have [procured] the prosecution if the information was immaterial to the decision to prosecute;-If the decision to prosecute would have been made with or without the false information, the [defendant] did not [procure] the prosecution by supplying false information.”

   5 later decisions quote this exact passage · from the majority
   e.g. Linda Linn and Mark Shuck v. Pat Montgomery, Christy Schrader, and Brad Allen · First Valley Bank of Los Fresnos v. Martin

2. “A person procures a criminal prosecution if his actions were enough to cause the prosecution, and but for his actions the prosecution would not have occurred. A' person • does not procure a criminal prosecution when the decision whether to prosecute is left to the discretion of another, including a law enforcement official or the grand jury, unless the - person - provides information which he knows is false. A criminal prosecution may be procured by more than one person.”

   2 later decisions quote this exact passage · from the majority
   e.g. 909 F. Supp. 2d 691 - Mylonakis v. The M/T Georgios M. · Gary Gonzalez v. Ione Grimm

3. “In order to charge a private person with responsibility for the initiation of proceedings by a public official, it must therefore appear that his desire to have the proceedings initiated, expressed by direction, request or pressure of any kind, was the determining factor in the official’s decision to commence the prosecution, or that the information furnished by him upon which the official acted was known to be false.”

   1 later decision quote this exact passage · from the majority
   e.g. Danielson v. Hess