State v. Overton’s Empirical Analysis

Citation profile

3 federal appellate · 20 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““... for any other purpose than to pay for labor performed on, or materials furnished by his order, for, this specific improvement, while any amount for which he may be or become liable for such labor or materials remains unpaid. ...””

   2 later decisions quote this exact passage · from the majority
   e.g. Hayes Pipe Supply, Inc. v. McKendree Manor, Inc. · State v. Patterson

2. “... that a person exercising a contractual relation shall obtain funds for a specific purpose and shall divert those funds to his own use, leaving outstanding obligations for which the creditor would have a lien upon the property owned by the payor of such funds.... This very closely approaches embezzlement in that there exists the confidential relation and the person who is charged by reason of such relationship misappropriates or diverts the funds paid to him for a specific purpose and uses them for his own ends.”

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

3. “The true test of the sufficiency of an indictment is not whether it could have been made more definite and certain, but whether it contains the elements of the offense intended to be charged, “and sufficiently apprises the defendant of what he must be prepared to meet, and, in case any other proceedings are taken against him for a similar offense, whether the record shows with accuracy to what extent he may plead a former acquittal or conviction.””

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