240 N.J. Super. 115 - State v. Jordan’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he jury might have rejected the State's proofs that defendant used force against [the store detective] ... when he was stopped after leaving the store and it might have found that defendant's infliction of bodily injury on [the other detectives] ... after he was returned to the store occurred after flight had been concluded and defendant was in custody. Cf. State v. Mirault, 92 N.J. 492, 500-501 , 457 A. 2d 455 .... Thus, the jury might have found that the bodily injury to the two store detectives was not inflicted in the course of committing a theft. While such a result would have been extraordinary, it nevertheless could have been reached by the jury.”

   2 later decisions quote this exact passage · from the majority
   e.g. 252 N.J. Super. 222 - State v. McClary · 347 N.J. Super. 469 - State v. Grissom

2. “[W]here the evidence provides a rational basis upon which the defendant may be found guilty of an included offense and not guilty of the encompassing offense, it is reversible error for the court to refuse, upon request, to charge the jury with respect to the included offense.”

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

3. “(3) Commits or threatens immediately to commit any crime of the first or second degree. An act shall be deemed to be included in the phrase "in the course of committing a theft" if it occurs in an attempt to commit theft or in immediate flight after the attempt or commission.”

   1 later decision quote this exact passage · from the majority
   e.g. 357 N.J. Super. 532 - State v. Harris