Nash v. Eberlin’s Empirical Analysis

Citation profile

4 federal appellate ·

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

1. “(A) No person, by force, stealth, or deception, shall do any of the following: (2) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure that is a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present, with purpose to commit in the habitation any criminal offense.”

   1 later decision quote this exact passage · from the dissent
   e.g. McCray v. Warden, London Correctional Institution

2. “[i]f there was insufficient evidence of felonious assault in such cases where a gun was pointed at someone, then the Ohio Court of Appeals could not reasonably determine that a rational trier of fact could have found beyond a reasonable doubt that a felonious assault was committed in this case, in which the evidence does not indicate that the gun was pointed at anyone,”

   1 later decision quote this exact passage · from the dissent
   e.g. 653 F. App'x 378 - Terrance Walter v. Bennie Kelly

3. “[w]here the elements of a state crime are sufficiently clear as a matter of state law , we cannot automatically uphold a conviction with insufficient proof of one of the elements on the theory that the state court in the very case has eliminated that element as a requirement.”

   1 later decision quote this exact passage · from the dissent
   e.g. Thomas v. Stephenson