299 Ga. App. 107 - Brashier v. State’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the duration of the movement; (2) whether the movement occurred during the commission of a separate offense; (3) whether such movement was an inherent part of that separate offense; and (4) whether the movement itself presented a significant danger to the victim independent of the danger posed by the separate offense.”

   2 later decisions quote this exact passage
   e.g. 312 Ga. App. 342 - Sipplen v. State · 299 Ga. App. 897 - Abernathy v. State

2. ““A person commits the offense of kidnapping when such person abducts or steals away any person without lawful authority or warrant and holds such other person against his will.” [Cit.] For the State to prove the essential element that the defendant has “stolen away” or “abducted” his alleged victim, it must show that an unlawful movement, or asportation, of the person has taken place against his will. [Cit.] 3”

   1 later decision quote this exact passage
   e.g. 306 Ga. App. 638 - State v. Smith

3. “[assessment of these factors will assist Georgia prosecutors and courts alike in determining whether the movement in question is in the nature of the evil the kidnapping statute was originally intended to address — i.e., movement serving to substantially isolate the victim from protection or rescue — or merely a “criminologically insignificant circumstance” attendant to some other crime.”

   1 later decision quote this exact passage
   e.g. 299 Ga. App. 897 - Abernathy v. State