State v. Kitzman’s Empirical Analysis

Citation profile

3 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`Generally, I see no reason why a criminal defendant should not be permitted to stipulate to virtually anything that he or she chooses * * *. A defendant may plead guilty to the charge. Indeed, a defendant even may plead guilty to aggravated murder, which might result in a sentence of death. A defendant may waive his or her state and federal constitutional rights to counsel, trial, jury, confrontation, and cross-examination. * * * A defendant intentionally may fail to raise an otherwise valid objection at trial and, thus, waive the right to raise the issue on appeal. The parties may stipulate to facts. State v. Lyon, 304 Or. 221, 231 , 744 P.2d 231 (1987). Why, then, shouldn't he or she be permitted to stipulate to other things?'”

   1 later decision quote this exact passage · from the concurrence
   e.g. 218 Or. App. 131 - State Ex Rel. Juv. Dept. v. SP

2. “when one plausible construction of a statute is constitutional and another plausible construction of a statute is unconstitutional, courts will assume that the legislature intended the constitutional meaning.”

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

3. “[N]othing in our opinion today requires us either to apply or to reconsider this court's holding in Campbell that the parties to a criminal proceeding cannot stipulate as to a witness' unavailability.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 218 Or. App. 131 - State Ex Rel. Juv. Dept. v. SP