State v. Wetherbee’s Empirical Analysis
2004
Citation profile
2 district · 6 state decisions
Relationships
Applies 21 U.S.C. § 881 (§ 511 of the Controlled Substances Act)
Relies on General Motors Corporation Engine Interchange Litigation Oswald v. General Motors Corporation · United States of America v. Ceverilo Chambers · State v. Lafayette · Blinder, Robinson & Co. v. United States · United States Postal Service v. C.E.C. Services
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.
“[a] person seeking return of property under the rule must file a motion before the State transfers possession to the federal government. Once the transfer takes place, the race is lost. The person seeking return of property must then do so in the federal forum because the res is no longer in the possession of a party before the court and consequently is not present in the jurisdiction.”
1 later decision quote this exact passage · from the concurrencee.g. DeLOGE v. State“motion for the return of property pursuant to Rule 41(e) is essentially a replevin action that lies exclusively against the State ... [and]{IJt is well settled that a party demanding possession cannot maintain a replevin action against a defendant who, at the time the action is instituted, is not in possession of or cannot exercise control over the property sought.”
1 later decision quote this exact passage · from the majoritye.g. DeLOGE v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.