Kimbrough v. State’s Empirical Analysis

Citation profile

27 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “allege[s] the underlying facts with enough detail to sufficiently apprise the defendant of what he must be prepared to meet.”

   2 later decisions quote this exact passage
   e.g. State v. Mondor · 347 Ga. App. 454 - State v. Steven Cerajewski

2. “An indictment may be challenged by general or special demurrer. A general demurrer “challenges the sufficiency of the substance of the indictment.” [Cit.] If the accused could admit each and every fact alleged in the indictment and still be innocent of any crime, the indictment is subject to a general demurrer. [Cit.] If, however, the admission of the facts alleged would lead necessarily to the conclusion that the accused is guilty of a crime, the indictment is sufficient to withstand a general demurrer. [Cit.] A special demurrer, on the other hand, “challenges the sufficiency of the form of the indictment.” [Cit.] By filing a special demurrer, the accused claims “not that the charge in an indictment is fatally defective and incapable of supporting a conviction (as would be asserted by general demurrer), but rather that the charge is imperfect as to form or that the accused is entitled to more information.” [Cit.]”

   1 later decision quote this exact passage
   e.g. Daniels v. State

3. “challenges the sufficiency of the substance of the indictment) (emphasis in original). 4 In this regard, we direct the parties to the helpful analogy to the Civil Practice Act expressed in Kimbrough : "A motion to dismiss for failure to state a claim under OCGA § 9-11-12 (b) (6) performs substantially the same function as a general demurrer,”

   1 later decision quote this exact passage
   e.g. State v. Mondor