State v. Barton’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) Whether the sanction involves an affirmative disability or restraint, (2) whether it has historically been regarded as a punishment, (3) whether it comes into play only on a finding of scienter, (4) whether its operation will promote the traditional aims of punishment—retribution and deterrence, (5) whether the behavior to which it applies is already a crime, (6) whether an alternative purpose to which it may rationally be connected is assignable for it, and (7) whether it appears excessive in relation to the alternative purpose assigned.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Geise · State v. Krahwinkel

2. “W” equals the overall gross weight on any group of two or more consecutive axles to the nearest five hundred pounds,”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Geise · State v. Krahwinkel

3. “The primary purpose of statutory construction is to determine the intent of the law. See Moss v. Guttormson, 1996 SD 76, ¶ 10 , 551 N.W.2d 14, 17 . “[Statutes must be construed according to their intent, the intent must be determined from the statute as a whole, as well as enactments relating to the same subject.” See id. (quoting U.S. West Communications, Inc. v. Public Utilities Comm’n., 505 N.W.2d 115, 122-23 (S.D.1993)). “But, in construing statutes together it is presumed that the legislature did not intend an absurd or unreasonable result.” Id.”

   1 later decision quote this exact passage · from the majority
   e.g. Krukow v. South Dakota Board of Pardons & Paroles