Schwartz v. State.’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A charge defective in this regard amounts to a failure to state an offense, and a 11 (...continued) presence of a dangerous drug, harmful drug, or detrimental drug in a motor vehicle, other than a public omnibus, is prima facie evidence of knowing possession thereof by each and every person in the vehicle at the time the drug was found. (2) Subsection (1) does not apply to: (a) Other occupants of the motor vehicle if the substance is found upon the person of one of the occupants therein; (b) All occupants, except the driver or owner of the motor vehicle, if the substance is found in some portion of the vehicle normally accessible only to the driver or owner; or (c) The driver of a motor vehicle who is at the time operating it for hire in the pursuit of the driver's trade, if the substance is found in a part of the vehicle used or occupied by passengers. 22 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER conviction based upon it cannot be sustained, for that would constitute a denial of due process.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Salvas

2. “flawed [charging] 11 HRS 712-1251 provides: §712-1251 Possession in a motor vehicle; prima facie evidence. (1) Except as provided in subsection (2), the (continued...) 21 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER instrument does not abrogate the jurisdiction of the court, which is established by statute and invoked by a charge of a cognizable offense prescribed by law.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Salvas

3. “'[J]urisdiction depends upon the state of affairs existing at 9 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER the time it is invoked; once having attached, it . . . is retained by a court until fully exhausted by the entry of a final judgment.' It is not lost by subsequent events, . . . unless a statute provides otherwise.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Bautista