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← 2011 MT 183 - State v. DaSilva

State v. DaSilva’s Empirical Analysis

2011

Citation profile

8
cited by 8 later decisions
2
states following
April 2018
most recently cited

8 state decisions

Relationships

Applies 18 U.S.C. § 1001 (Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990)

Relies on United States v. Gaudin · Sparf v. United States · William Garland v. State of Washington · State v. Alvin Duncan · State v. Thorp

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

  1. “was a 'sexual offense' " that required registration. Id. On appeal, DaSilva argued that he was denied his constitutional right to a jury trial because the district court instructed the jury in such a way that it essentially directed a verdict on the question whether he was required to register. Id. at 422 . The Montana Supreme Court rejected his argument based on the distinction in Gaudin between a factual issue and a pure question of law. Id. at 425 . The court concluded that the district court did not err because it merely "instruct[ed] the jury on the law necessary for the jury's rendering of a verdict.”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.