State v. Gessler’s Empirical Analysis

Citation profile

1 district · 27 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the instant case it cannot be said that the undercover agents supplied all the ingredients of the offense. The distinction between the situations in Boccelli and in Strong and the situation herein is most readily apparent with respect to the nature of the transaction. Here, the undercover agents merely pretended that they were selling marijuana to the appellees. In Boccelli and in Strong the charges emanated from a “sale” of narcotics wherein the drugs were supplied by undercover agents and sold to undercover agents. Thus the agents were supplying the sine qua non of the offense, the indispensable condition upon which the offense was predicated. The court in Boccelli reversed the conviction since uncontradicted testimony at trial indicated that all of the ingredients of the offense, the plan, marijuana, buyer, purchase money and intent to make the sale, were provided by the state.”

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

2. ““Thus, while infiltrating the drug milieu, agents must be permitted to behave in a manner which is consistent with the image they are attempting to portray. Generally, the providing of samples is a routine part of any marijuana transaction. In fact, the practice is so common that it would inevitably arouse suspicion if agents were not permitted to do so. To rule otherwise would subject undercover narcotics agents to the danger of exposure.” 142 Ariz. at 385 , 690 P.2d at 104 .”

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

3. “A person commits conspiracy if, with the intent to promote or aid the commission of an offense, such person agrees with one or more persons that at least one of them or another person will engage in conduct constituting the offense and one of the parties commits an overt act in furtherance of the offense, except that an overt act shall not be required if the object of the conspiracy was to commit any felony upon the person of another____”

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