State v. Lindsey’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he placement and repetition of the word “knowingly’ suggests that the legislature intended two means. The first “knowingly’ clearly relates to all seven terms in the first part of the statute ... as a group. . . . Similarly, the phrase “the theft of property for sale to others” relates to the entire group. Treating these terms as a group indicates that they represent multiple facets of a single means of committing the crime. ... If the statute described eight means, there would be no need to use the word “knowingly” again. [Further], the first group of seven terms relate to different aspects of a single category of criminal conduct - facilitating or participating in the theft of property so that it can be sold. As a result, these terms appear to be definitional. They are examples of such facilitation or participation.... And trafficking in stolen property involves a second, separate category - transferring possession of property known to be stolen - defined separately in [the definitional section of the statute].”

   1 later decision quote this exact passage
   e.g. 180 Wash. 2d 90 - State v. Owens

2. “the issue in [Strohm] was not the number of alternative means described in former RCW 9A.82.050(2) [(1984)]. Instead, Strohm argued that former RCW 9A.82.010(10) (1994), which defined “traffic” [and] listed several alternative means of trafficking in stolen property in addition to the means stated in former RCW 9A.82.050(2).... At the beginning of its discussion, Division One stated without analysis or comment that former RCW 9A.82.050(2) had eight alternative means. Strohm, 75 Wn. App. at 307 . . . . Years later, Division One repeated without analysis its statement in Strohm that RCW 9A.82.050 identifies eight alternative means. State v. Hayes, 164 Wn. App. 459, 476 , 262 P.3d 538 (2011). However, the issue of whether RCW 9A.82.050 identifies two or eight alternative means was not before the court in either Strohm or Hayes . And the court did not actually discuss in either case the alternative means issue with respect to RCW 9A.82.050.”

   1 later decision quote this exact passage
   e.g. 180 Wash. 2d 90 - State v. Owens

3. “[a] person who knowingly initiates, organizes, plans, finances, directs, manages, or supervises the theft of property for sale to others, or who knowingly traffics in stolen property, is guilty of trafficking in stolen property in the first degree.”

   1 later decision quote this exact passage
   e.g. 180 Wash. 2d 90 - State v. Owens