202 Or. App. 478 - State v. Johnson’s Empirical Analysis

Citation profile

5 federal appellate ·

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

1. “In State v. Sargent ..., we held that, “if a person solicits another to engage in conduct constituting, an element of the crime of delivery, e. g., to provide to the person a controlled substance for the purpose of distribution .to third'parties, the person has attempted delivery .,.. ” We see no, reason to depart from that reasoning here, and we decline to hold that solicitation of a knowing agent is categorically disqualified as a “substantial step” under ORS 161.405. Rather, as the statute plainly states, solicitation requires a “substantial step.” Solicitation of a guilty person qualifies as a “substantial step” if, under the facts, the defendant’s actions exceed mere preparation, advance the criminal purpose charged, and provide some verification of the existence of that purpose.”

   1 later decision quote this exact passage
   e.g. Sandoval v. Sessions