State v. Berberian’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Berberian , we recognized that “in certain situations when an authoritative government agency or voice issues an official assurance or affirmatively misleads a defendant into believing that criminal sanctions do not apply to his behavior, no criminal sanctions will attach to the defendant because the defendant has been deprived of notice about what conduct the government intended to make criminal in violation of due process.” Id. 427 A.2d at 1301 (citing United States v. Pennsylvania Industrial Chemical Corp., 411 U.S. 655 , 93 S.Ct. 1804 , 36 L.Ed.2d 567 (1973); Cox v. Louisiana, 379 U.S. 536 , 85 S.Ct. 453 , 13 L.Ed.2d 471 , reh. denied, 380 U.S. 926 , 85 S.Ct. 879 , 13 L.Ed.2d 841 (1965); Raley v. Ohio, 360 U.S. 423 , 79 S.Ct. 1257 , 3 L.Ed.2d 1344 (1959)).”

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

2. ““when an authoritative government agency or voice issues an official assurance or affirmatively misleads a defendant into believing that criminal sanctions do not apply to his behavior, no criminal sanctions will attach to the defendant because the defendant has been deprived of notice about what conduct the government intended to make criminal in violation of due process.””

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