38 Or. App. 97 - State v. Hicks’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Any person Who commits or attempts to commit any felony within this state while armed with any pistol, revolver, machine gun or other firearm capable of being concealed upon the person, without having a license or permit to carry such firearm, upon conviction of the felony or of an attempt to commit the felony, shall, in addition to the punishment prescribed for the crime of which he has been convicted, be punished by imprisonment in the penitentiary for not more than 10. years. Such additional period of imprisonment shall commence upon the expiration or other termination of the sentence imposed for the crime of which he stands convicted and shall not run concurrently with such sentence.””

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Reed · State v. Thompson

2. “Second, the general statutory basis for vicarious liability in the criminal law is ORS 161.150, which provides: “A person is guilty of a crime if it is committed by his own conduct or by the conduct of another person for which he is criminally liable, or both.” This statute provides that a person can be “guilty of a crime” based on the conduct of another. But as State v. Blacker, 234 Or. 131, 134 , 380 P.2d 789 (1963), points out, ORS 166.230 does not create a crime, but only provides for an enhanced penalty. We are unaware of any statutory basis for vicarious enhancement of a penalty. Id. at p. 1131.”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Reed

3. “[a]ny person who commits ... any felony ... while armed”

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