State v. McNally’s Empirical Analysis
2017
Citation profile
42
cited by 42 later decisions
2
states following
July 2019
most recently cited
42 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a] criminal defendant is entitled to have the jury instructed in accordance with his or her theory of the case if the instruction correctly states the law and there is evidence to support giving it.”
3 later decisions quote this exact passage“"knowing that another person is a peace officer or a parole and probation officer as defined in ORS 181A.355 : "* * * * * "(b) Refuses to obey a lawful order by the peace officer or parole and probation officer. "* * * * * "(3) This section does not apply in situations in which the person is engaging in: "* * * * * "(b) Passive resistance. "”
2 later decisions quote this exact passage“[W]e hold that the phrase 'passive resistance' in ORS 162.247 refers to noncooperation with a lawful order of a peace officer that does not involve active conduct.”
2 later decisions quote this exact passage · from the concurrence
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.