State v. Mitchell’s Empirical Analysis
2003
Citation profile
41
cited by 41 later decisions
3
states following
July 2016
most recently cited
41 state decisions
Relationships
Relies on State v. Bolton · Zamora v. Reinstein · State v. Williams · State v. Mathers · State v. Jones
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Based on the language of A.R.S. § 13-2508 and the common meaning of the verb “effect,” we construe the term “effecting” in § 13-2508 to mean an ongoing process toward achieving, producing, making, or bringing about, an arrest. See Lewis v. State, 30 S.W.3d 510, 512 (Tex.App.2000) (“effecting an arrest” entails a process or transaction and the conduct alleged to be resisting arrest must occur after the arrest process begins but before the process ends); see also State v. Bay, 130 Ohio App.3d 772 , 721 N.E.2d 421, 422 (1998) (resisting arrest charge arose from incident 15 to 30 minutes after police handcuffed defendant). Until the arrest has been “effected,” the arrest process remains ongoing and the resisting arrest statute is applicable. See Lewis, 30 S.W.3d at 512 .”
1 later decision quote this exact passage“In this case, there was evidence that only a few seconds elapsed between the handcuffing and the violent struggling by Mitchell. This evidence is sufficient to support a jury finding that Mitchell had not submitted and was not successfully restrained. Thus, a reasonable jury could find that the officers were still “effecting” Mitchell’s arrest when he began struggling with them. The trial court correctly denied Mitchell’s motion for judgment of acquittal.”
1 later decision quote this exact passage“A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace officer, acting under color of such peace officer's official authority, from effecting an arrest by: 1. Using or threatening to use physical force against the peace officer or another[.]”
1 later decision quote this exact passagee.g. Fallon v. State
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.