State v. Booker’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'is so insufficient in probative value and force that it can be said as a matter of law that no trier of fact, acting reasonably, could have found guilt beyond a reasonable doubt.'”

   7 later decisions quote this exact passage
   e.g. State v. Miller · 386 Wis. 2d 351 - State v. Pierce

2. “Whoever, with knowledge of the character and content of the material, sells, rents, exhibits, plays, distributes, or loans to a child any harmful material ....”

   2 later decisions quote this exact passage
   e.g. State v. Gonzalez · State v. Gonzalez

3. “'sell,' 'loan,' 'exhibit,' and 'transfer' — represents a knowing and affirmative act. . . . [T]he language of sec. 948.11 focuses on the affirmative conduct of an individual toward a specific minor or minors. Therefore, an individual violates the statute if he or she, aware of the nature of the material, knowingly offers or presents for inspection to a specific minor or minors material defined as harmful to children in sec. 948.11(l)(b).”

   1 later decision quote this exact passage
   e.g. State v. Gonzalez