State v. Boly’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a statutory provision is plainly set out as an exception that stands apart from the description of the elements of an offense, the state is not required to negate the exception; rather, the exception constitutes an affirmative defense, which the defendant must establish to prevail”

   1 later decision quote this exact passage
   e.g. 297 Or. App. 763 - State v. Moravek

2. “whether a statutory provision describes an element of the state's case or an affirmative defense is a matter of legislative intent,”

   1 later decision quote this exact passage
   e.g. 297 Or. App. 763 - State v. Moravek

3. “such as 'except that,' 'however,' or 'provided that,'”

   1 later decision quote this exact passage
   e.g. 297 Or. App. 763 - State v. Moravek