240 Or. App. 599 - State v. Gray’s Empirical Analysis

Citation profile

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

1. “"The Court: So, you're argument is everything that the state would have to prove to establish count five they would also have to prove to establish count four? "Defense Counsel: Right. "* * * * * "Defense Counsel: Well, in the sense that any time an attempt is always a lesser included. "The Court: Right. "Defense Counsel: So, I get that in—to prove five you would not have to prove that the weapon went off. "The Court: Right. "Defense Counsel: So—but in that sense, like an attempt is a lesser included, it's just covered. By proving five, it's within the pleading of four. "The Court: Okay."”

   1 later decision quote this exact passage
   e.g. State v. Gray

2. “and, thus, both subsections address a single, unified legislative objective and are not separate statutory provisions. It follows, defendant concludes, that our contrary conclusion in Crawford was erroneous and defendant's convictions should merge. Defendant also renews his argument that his convictions should merge on the ground that Count Five is a lesser-included offense of Count Four, because”

   1 later decision quote this exact passage
   e.g. State v. Gray

3. “there are elements in Count Four * * * that are not pled or required to prove Count Five. Specifically, there's no requirement in Count Five that * * * defendant intentionally discharged a firearm. There's also no proof—required element in Count Five that discharge occurred within the city limits of Portland.”

   1 later decision quote this exact passage
   e.g. State v. Gray