State v. Fonte’s Empirical Analysis

Citation profile

10 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. “"[T]he legislature did not intend theft by receiving committed by selling to include a theft, such as that committed in this case, that is both committed by an initial thief and committed by fraudulently returning property to its owner in accordance with the owner's return policy rather than selling that property to a third party in the market for stolen goods. *** [B]ecause defendant was the initial thief and because he returned the property to its owner, rather than selling it to a third party in the market for stolen goods, that crime is not punishable as a felony under ORS 165.055(1)(c)."”

   2 later decisions quote this exact passage
   e.g. 295 Or. App. 815 - State v. Ellingsen · 295 Or. App. 632 - State v. Meyer

2. “theft by receiving as provided in ORS 164.095.”

   2 later decisions quote this exact passage
   e.g. Lopez-Aguilar v. Barr · 295 Or. App. 632 - State v. Meyer

3. “discern[ed] a legislative intent to make that elevated crime [of theft by receiving by selling] applicable to fences-dealers in the market for stolen goods.”

   1 later decision quote this exact passage
   e.g. 295 Or. App. 632 - State v. Meyer