Public-domain · open source
OpenJurist
← 420 A2D 936 - State v. Donahue

State v. Donahue’s Empirical Analysis

1980

Citation profile

6
cited by 6 later decisions
5
states following
May 2016
most recently cited

6 state decisions

Relationships

Relies on State v. Babcock · State v. Rocheleau · State v. Powers · State v. Carey · State v. Daley

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

  1. “Defendant's counsel concedes that defendant would have been validly arrested if [the arresting officer] had also merely placed his hand on defendant's arm or shoulder. There is no reason for making the validity of an arrest in the present circumstances turn on such an insignificant formality, reminiscent of the medieval livery of seisin . . . . We also find no merit in defendant's contention that the fact that the Uniform Traffic Ticket issued to him stated that he was "summonsed" means that he was never arrested or negates any arrest that was made. The arrest that did take place and the issuance of the ticket were not contemporaneous. It is not disputed that defendant was released from custody at the moment he received the ticket. Until that moment, however, he remained under arrest.”
    1 later decision quote this exact passage
  2. “(1) an intention on the part of the arresting officer then and there to make the arrest under a real or pretended authority; (2) a communication of that intention by the arresting officer to the one whose arrest is sought; (3) an understanding of that intention by the person who is to be arrested; and (4) the actual or constructive seizure or detention of the person to be arrested by the one having the present ponoer to control him.”
    1 later decision quote this exact passage
  3. ““Defendant’s counsel concedes that defendant would have been validly arrested if Trooper Gallant had also merely placed his hand on defendant’s arm or shoulder. There is no reason for making the validity of an arrest in the present circumstances turn on such an insignificant formality, reminiscent of the medieval livery of seisin.” State v. Donahoe (Me. 1980), 420 A.2d 936, 938 .”
    1 later decision quote this exact passage

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.