159 Wash. 2d 778 - State v. Smith’s Empirical Analysis

Citation profile

1 federal appellate · 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““are to prevent jury confusion about what criminal conduct has to be proved beyond a reasonable doubt and to prevent the State from charging every available means authorized under a single criminal statute, lumping them together, and then leaving it to the jury to pick freely among the various means in order to obtain a unanimous verdict.” Smith, 159 Wash. 2d at 789 .”

   2 later decisions quote this exact passage
   e.g. State v. Brown · 46 Kan. App. 2d 656 - State v. Waldrup

2. “an intentional touching .., that is harmful or offensive regardless of whether any physical injury is done to the person”

   2 later decisions quote this exact passage
   e.g. United States v. Robinson · United States v. Door

3. “[W]hen the crime charged can be committed by more than one means, the defendant does not have a right to a unanimous jury determination as to the alleged means used to carry out the charged crime or crimes should the jury be instructed on more than one of those means. . . . But, in order to safeguard the defendant's constitutional right to a unanimous verdict as to the alleged crime, substantial evidence of each of the relied-on alternative means must be presented.”

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