State v. Blake’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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “if one offense contains X elements, and another offense contains X + 1 elements, the former offense does not contain an element that is not also found in the latter offense. In that situation, under ORS 161.067(1), there is only one separately punishable offense.”

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

2. “an accomplice theory of liability is not itself an independent offense. Accomplice liability makes a person who aids or abets a crime liable for that crime even though the accomplice may not have committed any of the acts that the crime entails.”

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

3. “each statutory provision * * * requires proof of an element that the other does not.”

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