State v. O'BOYLE’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A pretrial motion to dismiss is not a device for summary trial of the evidence. State v. Howe, 247 N.W.2d 647 (N.D. 1976). “Recently, in State v. Kolobakken, 347 N.W.2d 569, 571 (N.D.1984), this Court reversed a county court judgment granting the defendant’s pretrial motion for dismissal based on her asserted defense of lack of criminal responsibility because such a defense ‘has a bearing on the very issue of a defendant’s legal guilt or innocence and, as such, raises a factual question to be submitted to and determined by the trier of fact.’ In Kolobakken, supra, 347 N.W.2d at 570 , we stated: “ ‘[Rule 12(b), NDRCrimP] provides no authority for a court to grant a pretrial motion to dismiss based on a defense “which raises factual questions embraced in the general issue.” United States v. Brown, 481 F.2d 1035, 1041 (8th Cir.1973). “ ‘For this reason, courts have denied pretrial efforts to have charges dismissed which were based on defenses of entrapment ... withdrawal ... and insufficiency of the evidence ...’ [Emphasis added; citations omitted.]” State v. O’Boyle, supra, 356 N.W.2d at 124 .”

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

2. ““29-28-07. From what the state may appeal. An appeal may be taken by the state from: 1. An order quashing an information or indictment or any count thereof.””

   1 later decision quote this exact passage
   e.g. City of Bismarck v. Hoopman