State v. McCoy’s Empirical Analysis

Citation profile

2 federal appellate · 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Appellant moved to Tucson from California, where he had been a member of a gang since the 1980s. In Tucson, he became acquainted with his girlfriend's son and a number of his friends who belonged to a gang called the `Bratz.' Several Bratz members testified that appellant was present at a barbecue at the son's house attended by a number of Bratz members and that he spoke to them about his experiences in the California gang. He advised them to formalize their gang by electing officers, collecting money to establish a bail fund for members, and spray painting more gang graffiti to make their presence known in their territory. He also advised them to `jump in' more loyal members and `jump out' those who were not loyal. There was testimony explaining that `jumping' or `courting' meant initiating a new member or removing a current member by means of a group beating in which a number of members participated in beating or kicking the person `jumped' or `courted.' Finally, he advised them to establish friendly relations with other gangs who would support them.”

   1 later decision quote this exact passage
   e.g. Stewart, Director, Arizona Department of Corrections v. McCoy

2. “Contrary to appellant’s assertions, the evidence showed that he did more than merely recount episodes from his California gang days and provide innocent advice on how best to organize the group. He also advised its members to continue their initiation practices, albeit on a more moderate level, and to increase their “tagging,” or graffiti activities, both criminal offenses. From this, and from his prior affiliation and experience in another gang, and from his presence at [sic] least one “jumping[-]in,” the jury could reasonably infer both his knowledge of this gang’s felony criminal activity and his intent to promote the same.”

   1 later decision quote this exact passage
   e.g. McCoy v. Stewart

3. “Furnishing advice or direction in the conduct, financing or management of a criminal syndicate's affairs with the intent to promote or further the criminal objectives of a criminal syndicate.”

   1 later decision quote this exact passage
   e.g. Stewart, Director, Arizona Department of Corrections v. McCoy