State v. Braun’s Empirical Analysis

Citation profile

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

1. “[T]he defendant in effect offered to waive his right to a trial by jury on one element of the offense and to judicially admit the existence of that element, thereby removing the issue from the case. He made his offer because he justifiably feared that the jury might imper-missibly use its knowledge of his prior act of DWI in deciding whether he had driven under the influence at the time charged. * * * [W]e conclude that the trial court erred in refusing to let defendant remove the issue from the case.”

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

2. “Before certification of questions of law to this court as important and doubtful, trial courts must decide the questions * * and issue written orders with respect to their rulings * * *. [I]n all future cases, this court will neither accept nor answer certified questions which have not first been ruled on by the trial court.”

   1 later decision quote this exact passage
   e.g. Gruening v. Pinotti