Drahosh v. State’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “in the absence of a showing that a defendant's substantial rights were prejudiced ..., an otherwise proper judgment of conviction will not be disturbed because of a duplicitous count in the indict ment or complaint.”

   3 later decisions quote this exact passage
   e.g. Nickerson v. State · Trounce v. State

2. “It protects a defendant's right under the Sixth Amendment and Rule 7(c) to notice of the `nature and cause of the accusation' against him so that he may prepare his defense. It also insures that if defendant is convicted, the offense upon which he is convicted will clearly appear from the verdict, so that appropriate punishment may be imposed. Finally, duplicity is prohibited because confusion as to the basis of the verdict may subject defendant to double jeopardy in the event of a subsequent prosecution. [Citation omitted.] [8]”

   2 later decisions quote this exact passage
   e.g. Larson v. State · Trounce v. State

3. “When a valid arrest is made without a warrant, the complaint serves only the function of a pleading. In such cases probable cause need not be shown on the complaint’s face, but only the essential elements of the offense charged, so as to enable the defendant to adequately prepare his defense and to safeguard him against the possibility of being tried twice for the same acts or omissions, [footnote omitted]”

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