State v. Nelson’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"When the same conduct or criminal episode violates only one statutory provision and involves only one victim, but nevertheless involves repeated violations of the same statutory provision against the same victim, there are as many separately punishable offenses as there are violations, except that each violation, to be separately punishable under this subsection, must be separated from other such violations by a sufficient pause in the defendant's criminal conduct to afford the defendant an opportunity to renounce the criminal intent."”

   1 later decision quote this exact passage
   e.g. 290 Or. App. 841 - State v. Lantz

2. “We have interpreted sufficient pause, as that term is used in ORS 161.067(3), to mean a temporary or brief cessation of a defendant's criminal conduct that occurs between repeated violations and is so marked in scope or quality that it affords a defendant the opportunity to renounce his or her criminal intent.”

   1 later decision quote this exact passage
   e.g. 290 Or. App. 805 - State v. Loving

3. “[T]he record does not contain evidence that would allow a nonspeculative inference that something of significance occurred between the defendant's sequential acts of touching.”

   1 later decision quote this exact passage
   e.g. 290 Or. App. 805 - State v. Loving