State v. White’s Empirical Analysis

Citation profile

6 district · 8 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the appropriate inquiry is whether the legislature intended to create a single crime or two crimes.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. United States v. Lawrence · State v. Gensitskiy

2. “adopts the federal rule first announced in *** Blockburger "). For those three reasons, we reject the state's argument that the identity theft statute and the aggravated identity theft statute are not separate statutory provisions. Accordingly, we conclude that ORS 161.067(1) applies. 2. Whether ORS 165.800 and ORS 165.803 require proof of different elements Because ORS 161.067(1) applies, the question becomes whether the identity theft statute and the aggravated identity theft statute each require proof of an element that the other does not. Here, defendant was charged with * aggravated identity theft under ORS 165.803(1)(d), which, again, provides: "(1) A person commits the crime of aggravated identity theft if: "* * * * * "(d) The person violates ORS 165.800 and has in the person's custody, possession or control 10 or more pieces of personal identification from 10 or more different persons.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Gensitskiy

3. “First, when the legislature creates two crimes with different degrees of seriousness (first-degree unlawful sexual penetration, second-degree unlawful sexual penetration, and the like), each statutorily designated degree of a crime is a separate statutory provision.”

   1 later decision quote this exact passage · from the concurrence
   e.g. United States v. Hammons