43 Cal. 4th 249 - People v. Gomez’s Empirical Analysis

Citation profile

9 federal appellate · 57 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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “must form the intent to facilitate or encourage the commission of the robbery before or during the carrying away of the loot.”

   2 later decisions quote this exact passage
   e.g. United States v. Martinez-Hernandez · United States v. Martinez-Hernandez

2. “Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft .”

   1 later decision quote this exact passage
   e.g. 247 Cal. Rptr. 3d 114 - Switzer v. Wood

3. “'taking' " element consists of "(1) achieving possession of the property, known as 'caption,' and (2) carrying the property away, or 'asportation.' " ( People v. Gomez (2008) 43 Cal.4th 249 , 254-255, 74 Cal.Rptr.3d 123 , 179 P.3d 917 .) Asportation is thus an element of robbery in California. (See People v. Lopez (2003) 31 Cal.4th 1051 , 1054, 6 Cal.Rptr.3d 432 , 79 P.3d 548 .) In Arizona, the "taking”

   1 later decision quote this exact passage
   e.g. People v. Sexton