State v. Albert’s Empirical Analysis
1981
Citation profile
7 state decisions
How this case has been cited
Cited by 7 later decisions — most recently February 2009
7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Rakas v. Illinois · Pollard v. State · United States v. Vicknair · State v. Flick · State v. Toppi
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“§ 140.25 Burglary in the second degree A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with the intent to commit a crime therein, and when: 1.In effecting entry or while in the building ... he or another participant in the crime: (a) Is armed with explosives or a deadly weapon; or (b) Causes physical injury ...; or (c) Uses or threatens the immediate use of a dangerous instrument; or (d) Displays what appears to be a pistol ...; or § 140.30 Burglary in the first degree A person is guilty of burglary in the first degree when he knowingly enters or remains .unlawfully in a dwelling "with the intent to commit a crime therein, and when in effecting entry or while in the dwelling ... he or another participant in the crime: 1. Is armed with explosives or a deadly weapon; or 2. Causes physical injury ...; or 3. Uses or threatens the immediate use of a dangerous instrument; or 4. Displays what appears to be a pistol ...; except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, ... was not a loaded weapon from which a shot, readily capable of producing death or other serious injury, could be discharged. Nothing contained in this subdivision shall constitute a defense to a prosecution for, ... burglary in the second degree, burglary in the third degree or any other crime.”
1 later decision quote this exact passagee.g. State v. Duldulao“In brief, the meaning of the exclusion is that, for practical purposes, the use of the structure as a dwelling place must have ceased permanently because it has become uninhabitable. The exclusion was aimed at structures that were once dwelling places but have been abandoned by their owners and allowed to deteriorate to the point that they can no longer be used as places of human habitation.”
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.