Hutcherson v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Similar issues have been decided by other jurisdictions and while their decisions are not totally supportive of the position I have taken here, neither are they inconsistent. For example, a New York statute provides for an enhanced penalty for defendants convicted of selling a preparation, compound, mixture or substance of an aggregate weight of one or more ounces containing a narcotic drug. Penal Law § 220.43 (McKinney Supp.1979). The words ‘aggregate weight’ were construed as meaning that ‘pure narcotics may be combined with other uncontrolled substances to reach an “aggregate weight”.’ People v. Brannon, (App.Div.1977) 58 A.D.2d 34, 43 , 394 N.Y.S.2d 974, 981 . Similarly, in State v. Land, (N.J.1977) 73 N.J. 24 , 372 A.2d 297, 304 , it was held that a defendant could be convicted of possessing over 25 grams of marijuana notwithstanding the fact that' a portion of the total weight of the substance was attributable to non-narcotic stalks and sterilized seeds. The non-narcotic ingredients were found to be covered by the statutory phrase, ‘adulterants or dilutents,’ which were includable in the aggregate weight.””

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