State v. Davis’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'Constructive' ordinarily means '[i]nferred-often used in law of an act or condition assumed from other acts or conditions which are considered by inference or by public policy as amounting to or involving the act or condition assumed.' Webster's Third New Int'l Dictionary 489 (unabridged ed. 2002); see also Black's Law Dictionary 333 (4th ed. 1968) (defining 'constructive' as '[t]hat which has not the character assigned to it in its own essential nature, but acquires such character in consequence of the way in which it is regarded by a rule or policy of law'). 'Restraint' usually refers to 'the condition of being restrained, checked, or controlled : deprivation of liberty : confinement.' Webster's at 1937.”

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

2. “intended to apply to custodial situations other than correctional facility confinement, i.e. , while the actor is under actual or constructive restraint but not yet committed to a correctional facility”

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

3. “the imposition of actual or constructive restraint by a peace officer pursuant to an arrest or court order, but does not include detention in a correctional facility[.]”

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