State v. Beuke’s Empirical Analysis

Citation profile

8 federal appellate · 241 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 254 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(A) The trial of a criminal case in this state shall be held in a court having jurisdiction of the subject matter, and in the territory of which the offense or any element of the offense was committed.”

   3 later decisions quote this exact passage
   e.g. State v. Armas, Unpublished Decision (6-6-2005) · State v. Miller, Unpublished Decision (5-27-2004)

2. ““* * * [T]he nature and circumstances of the offense, the history, character, and background of the offender, and all of the following factors: “(1) Whether the victim of the offense induced or facilitated it; “(2) Whether it is unlikely that the offense would have been committed, but for the fact that the offender was under duress, coercion, or strong provocation; “(3) Whether, at the time of committing the offense, the offender, because of a mental disease or defect, lacked substantial capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law; “(4) The youth of the offender; “(5) The offender’s lack of a significant history of prior criminal convictions and delinquency adjudications; “(6) If the offender was a participant in the offense but not the principal offender, the degree of the offender’s participation in the offense and the degree of the offender’s participation in the acts that led to the death of the victim; “(7) Any other factors that are relevant to the issue of whether the offender should be sentenced to death.””

   2 later decisions quote this exact passage
   e.g. State v. Holloway · State v. Webb

3. “[t]his court articulated Ohio law relevant to such claims in State v. Draggo (1981), 65 Ohio St.2d 88 , 89-91 , 19 O.O.3d 294, 295-296 , 418 N.E.2d 1343 , 1345-1346 . The relevant statute, R.C. 2901.12 , provides, in subsection (G), that venue lies in any jurisdiction in which an offense or any element of an offense is committed; and further provides, in subsection (H), that when an offender commits offenses in different jurisdictions as part of a course of criminal conduct, venue lies for all the offenses in any jurisdiction in which the offender committed one of the offenses or any element thereof. Prima facie evidence of a course of criminal conduct may be established through proof the offenses involved the same or similar modus operandi. R.C. 2901.12 (H) (5).”

   2 later decisions quote this exact passage
   e.g. State v. Myers, Unpublished Decision (6-9-2004) · State v. Flannery, Unpublished Decision (4-1-2005)