State v. Hansen’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The question presented in this appeal is whether the state must prove the owner’s scienter or whether this is in the nature of an affirmative defense. We believe it to be the latter. In the [In re One 1965] Ford Mustang [ 105 Ariz. 293 , 463 P.2d 827 (1970)] case, the court observed that the statute, construed literally, permitted the interest of an innocent owner to be forfeited, but held that the legislature intended to permit such an innocent person to prove lack of scienter. Nowhere in the opinion is it suggested that the owner’s knowledge is an additional element to be proven by the state. Appellant has not referred to any authority so holding. In the Matter of 1969 Ford Truck, 122 Ariz. 442 , 595 P.2d 674 (App.1979) contains the following statement, with which we agree: “... if a claimant desires to raise defenses going to the underlying illegal use of the vehicle, or to the claimant’s lack of knowledge of such use, he must file a verified answer under A.R.S. § 36-1044.” (citation omitted)”

   1 later decision quote this exact passage
   e.g. Nunez v. State

2. “Concerning the second question presented, i.e., whether a forfeiture can be ordered when the narcotics were seized in violation of 4th Amendment Rights, appellant points out that the cocaine was suppressed in the criminal prosecution against the driver. The ruling in the criminal case was apparently subsequent to the forfeiture order. No suggestion of any such unlawful seizure was made to the trial court in this case. We cannot consider this issue on appeal. [Citations omitted.] This is true even if the issue is a constitutional one.”

   1 later decision quote this exact passage
   e.g. State v. Nineteen Thousand Two Hundred & Thirty-Eight Dollars ($19,238.00) in United States Currency