State v. Goebel’s Empirical Analysis

Citation profile

51 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Any probation and parole officer may hold a defendant arrested under subsection (1) without bail for 72 hours. After the arrest of the defendant pursuant to this subsection, a hearings officer for the probation and parole bureau shall hold a hearing within 36 hours of the defendant’s arrest. The hearings officer shall determine whether there is probable cause to believe that the defendant has violated a condition of probation and, if probable cause exists, notify the sentencing court and determine an appropriate plan to ensure the defendant’s compliance with the conditions of probation. An appropriate plan may include: (a) holding the defendant for a period of time up to 30 days, with credit for any time served from the time of the arrest to the time of the hearing to determine probable cause; (b) a request to the court pursuant to 46-23-1011 to modify the defendant’s terms or conditions of probation; or (c) a notification to the court with jurisdiction over the defendant pursuant to 46-23-1013.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Johnson

2. “[T]he phrase “this subsection” in § 46-23-1012(4), MCA, does not mandate the probation and parole bureau hold the hearing described in subsection (4) in every case of alleged probation violation before the court may proceed under § 46-23-1013, MCA. ... The first sentence of § 46-23-1012(4), MCA, states: “Any probation and parole officer may hold a defendant arrested under subsection (1) without bail for 72 hours.” The next sentence of subsection (4) states, in part: “After the arrest of the defendant pursuant to this subsection . . . (emphasis added).” Because a defendant may only be arrested under the provisions of subsections (1) and (2), the phrase “[a]fter the arrest of the defendant pursuant to this subsection,” cannot refer to the entirety of § 46-23-1012, MCA.... Clearly, “this subsection” relates back to the reference in the previous sentence to subsection (1), which allows a judge to issue a warrant or notice to appear.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Johnson

3. “[T]o the extent that there is an error and to the extent that the statute does not accurately reflect the Legislature's clearly expressed intention, it is appropriate that the Legislature correct the problem, not the courts.”

   1 later decision quote this exact passage · from the majority
   e.g. George v. Montana Board of Pardons