State v. Tipler’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““1. Intoxication is not a defense to a criminal charge. Intoxication does not, in itself, constitute mental disease or defect within the meaning of section 12.1-04-04. Evidence of intoxication is admissible whenever it is relevant to negate or to establish an element of the offense charged. “2. A person is reckless with respect to an element of an offense even though his disregard thereof is not conscious, if his not being conscious thereof is due to self-induced intoxication.””

   2 later decisions quote this exact passage
   e.g. State v. Barnes · State v. Erickstad

2. ““Although voluntary intoxication is not exculpatory in itself, where an offense requires a ‘specific intent,’ intoxication may be considered in determining whether or not such intent exists. As this court explained long ago, ‘[Evidence of intoxication is not] considered for the purpose of justifying or excusing the crime, but for the sole purpose of determining whether, in fact, the ... crime has been committed.’ ⅜ ⅜ ⅜ ⅜ ⅜ ⅜ “[T]he changes in the intoxication statutes did not alter the substance of the law. Rather, the statutes express the same time-honored principles in different words. For instance, the old code said that ‘[n]o act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his having been in such condition.’ Sec. 12-05-01, N.D.C.C. (repealed 1973). The 1973 statute, cast in positive terms, stated that ‘[i]n-toxication is a defense to the criminal charge only if it negates the culpability required as an element of the offense charged.’ Sec. 12.1-04-02, N.D.C.C. The 1977 amendment recast the law in negative terms: ‘Intoxication is not a defense to a criminal charge.’ See. 12.1-04-02, N.D.C.C. These statements do no more than express, in varying ways, the rule that it is no excuse that the actor might not have committed the crime had he been sober.” 1”

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

3. ““1. A person is guilty of a class A misdemeanor if, with intent to compel another to engage in or refrain from conduct, he threatens to: a. Commit any crime; “2. It is an affirmative defense to a prosecution under this section that the actor believed, whether or not mistakenly: a. that the primary purpose of the threat was to cause the other to conduct himself in his own best interest; or b. that a purpose of the threat was to cause the other to desist from misbehavior, engage in behavior from which he could not lawfully abstain, make good a wrong done by him, or refrain from taking any action or responsibility for which he was disqualified.””

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