State v. Einhorn’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. ““A defendant who refuses to admit any involvement in an incident out of which a criminal charge arises cannot use entrapment as a defense. A defendant who admits the acts charged by the state, but claims the acts fail to support a criminal charge, may raise entrapment as an additional defense. In situations where the defendant admits some involvement, but fails to admit all the facts alleged by the state, he may or may not be entitled to claim entrapment, depending on the degree of involvement he admits. Admission of substantial involvement would tend to permit the defense, while slight and limited admission would tend to deny the defense.””

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Lafleur · State v. Brown

2. ““. . . The statutory exemption for mistake of law applies only to a defendant’s case done in reliance upon statutes, orders or opinions of the state supreme court or United States appellate court later overruled or reversed. . . .” (p. 275.)”

   1 later decision quote this exact passage · from the majority
   e.g. State v. v. F. W. Post No. 3722

3. ““When events culminating in a criminal offense commence with a police or police agent solicitation, the defense of entrapment normally presents a question of fact for the jury.” Syl. ¶ 2.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Rogers