McMillen v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “For when a single agreement to commit one or more substantive crimes is evidenced by an overt act, as the statute requires, the precise nature and extent of the conspiracy must be determined by reference to the agreement which embraces and defines its objects. Whether the object of a single agreement is to commit one or many crimes, it is in either case that agreement which constitutes the conspiracy which the statute punishes. The one agreement cannot be taken to be several agreements and hence several conspiracies because it envisages the violation of several statutes rather than one. The allegation in a single count of conspiracy to commit several crimes is not duplicitous, for [t]he conspiracy is the crime, and that is one, however diverse its objects.”

   1 later decision quote this exact passage
   e.g. 2012 Ark. App. 704 - Winkler v. State

2. “In view of Braverman and the General Assembly’s adoption of [Ark.Code Ann.] § 5-3^03, the law seems well settled that a “single agreement” or “continuous conspiratorial relationship” constitutes a single conspiracy offense whether intended to culminate in Indistinct offenses or in successive violations of the same statute. Section 5-3-4-03 clearly precludes more than one conspiracy prosecution as a result of a single agreement or relationship, See Original Commentary to § 5-3-403.”

   1 later decision quote this exact passage
   e.g. 2012 Ark. App. 704 - Winkler v. State