State v. Thomas’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The proper test for determining whether the State of Montana has regulatory authority over any activity committed on the [reservation], through its criminal statutes or otherwise, is the test set forth . . . in White Mountain Apache . ") (Trieweiler, J., dissenting). That inquiry essentially "call[s] for a particularized inquiry into the nature of the state, federal, and tribal interests at stake, an inquiry designed to determine whether, in the specific context, the exercise of state authority would violate federal law.”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Marriage of Skillen

2. “The difficulty here is in classifying an offense under § 61-7-108, MCA, [failing to immediately notify authorities of an accident involving injury, death, or property damage in excess of $250] as one by a non-Indian against an Indian or an Indian's property. The State argues that the offense constitutes a victimless crime because it makes the perpetrator culpable irrespective of injury to person or property.”

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

3. “[T]he general laws of the United States as to the punishment of offenses committed in any place within the sole and exclusive jurisdiction of the United States ... shall extend to the Indian Country.”

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