State v. Charboneau’s Empirical Analysis

Citation profile

2 district · 21 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We view the evidence adduced at trial in the light most favorable to the state, because the jury found defendant guilty. See State v. Tucker, 315 Or. 321, 325 , 845 P.2d 904 (1993) (stating principle). The victim, Misty Largo, was a homeless teenager who had been living in Portland for 6 to 12 months at the time of her death. On July 25, 1992, defendant, along with Greg Wilson and two other men, drove to an area under the Marquam Bridge where Largo then was living. Defendant and Wilson were concerned that Largo was spreading rumors about Wilson’s having stabbed someone. The group found Largo and escorted her back to their vehicle at knifepoint. They drove to defendant’s house. Defendant took Largo into the house, also at knifepoint. Many people were there. Largo was taken into a back room. Wilson instructed several of the people present to hit Largo in the face, and they did. Largo was kept in the back room, where she was repeatedly interrogated and slapped. The next day, defendant and Wilson left the house and told others in the house to make sure that Largo did not leave. When defendant and Wilson returned later that day, Largo was interrogated and slapped for several hours. Then she was taken again to the back room. At some point that evening, Wilson, in defendant’s presence, decided that he would kill Largo. Largo was tied to a wheelchair. Wilson and defendant first tried to kill Largo by poisoning her with a glass of water in which they had dissolved a nitroglycerin pill”

   1 later decision quote this exact passage
   e.g. 238 F. Supp. 2d 1207 - Wilson v. Czerniak

2. “[W]hen a lawyer presents a witness and argues to the jury that it should find facts in accordance with that witness's testimony, the jury may infer that the lawyer believes the witness.”

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

3. “In appearing in the lawyer's professional capacity before a tribunal, a lawyer shall not *** [a]ssert the lawyer's personal opinion *** as to the credibility of a witness.”

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