State v. Andersen’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The term “lawful authority” derives its meaning from a set of rules not contained in the official misconduct statute. The statute, however, does not leave a judge or jury with unrestrained discretion to define a crime. The lawful authority of the public officers of this State is not so poorly defined that, as a general principle, public officials, judges and juries are unable to determine the propriety of a public officer’s actions. * sH :jc ‡ * In addition, actions are “forbidden by law” under section 609.43(2) in the generic sense. There does not have to be particular penal statute which forbids Andersen’s alleged conduct in order for her to be prosecuted under section 609.-43(2). What was illegal for Andersen to do in her official capacity as mayor is not so indefinite that a legitimate argument can even be made that she could legally threaten a citizen of the town she governs and then seek to interfere with an investigation of her threats. The ordinary citizen could understand that section 609.43(2) clearly encompasses her alleged conduct. [[Image here]] Sometimes generalizations must be used in regulations which apply to an array of public employees because of the impracticality and difficulty of phrasing the regulations more precisely.”

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

2. “an act which he knows is in excess of his lawful authority or which he knows he is forbidden by law to do in his official capacity; * * *.”

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