State v. Brown’s Empirical Analysis

Citation profile

174 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 178 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The listing of alternative distinct, material elements, when incorporated into an elements instruction, creates an alternative means issue demanding super-sufficiency of the evidence. But merely describing a material element or a factual circumstance that would prove the crime does not create alternative means, even if the description is included in a jury instruction ." ( Emphasis added.) 295 Kan. at 194 , 284 P.3d 977 .”

   11 later decisions quote this exact passage · from the concurrence
   e.g. State v. Williams · State v. Betancourt

2. ““[I]n determining if the legislature intended to state alternative means of committing a crime, a court must analyze whether the legislature listed two or more alternative distinct, material elements of a crime—that is, separate or distinct mens rea, actus reus, and, in some statutes, causation elements. Or, did the legislature list options within a means, that is, options that merely describe a material element or describe a factual circumstance that would prove the element? The listing of alternative distinct, material elements, when incorporated into an elements instruction, creates an alternative means issue demanding super-sufficiency of the evidence. Often this intent can be discerned from the structure of the statute. On the other hand, the legislature generally does not intend to create alternative means when it merely describes a material element or a factual circumstance that would prove the crime. Such descriptions are secondary matters—options within a means—that do not, even if included in a jury instruction raise a sufficiency issue that requires a court to examine whether the option is supported by evidence.” Brown, 284 P.3d at 991-92 .”

   8 later decisions quote this exact passage · from the dissent
   e.g. State v. Edwards · State v. Burns

3. “'describe a material element or to describe the factual circumstances in which a material element may be proven.”

   6 later decisions quote this exact passage · from the concurrence
   e.g. State v. Nunez · Wright v. State