State v. Corbus’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “According to the United States Supreme Court’s decision in United States v. Olano, 507 U.S. 725 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993), “plain” is synonymous with “ ‘clear’ or, equivalently, ‘obvious.’ ” Id. at 784, 113 S.Ct. at 1777 , 123 L.Ed.2d at 519 . Thus, the inquiry is whether “the error is clear under current law,” id, or, as articulated by the Ninth Circuit Court of Appeals, whether the “available authorities provide a clear answer to the question.” United States v. Thompson, 82 F.3d 849, 855 (9th Cir.1996). In Thompson , the court held that an issue raised for the first time on appeal was not “plain error” because there was at least some room for doubt about the outcome of this issue since there was no controlling United States Supreme Court precedent and the other circuits were split. Id. at 855-56 . Accord United States v. Salinas, 480 F.3d 750, 759 (5th Cir.2007) (holding there was not plain error where the circuit’s law was unsettled on the issue and other circuits had reached divergent conclusions); United States v. Humphrey, 164 F.3d 585, 588 (11th Cir. 1999) (holding where no precedent clearly resolved the defendant’s claim of error, the error was not “obvious” and thus could not be reviewed under the plain error doctrine); United States v. Alli-Balogun, 72 F.3d 9, 12 (2d Cir.1995) (holding that a claimed error could not be plain error when the Supreme Court and the Second Circuit had not spoken on the subject and the authority in the other circuits was s”

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