In re S.W.’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To satisfy its burden [of proving threats], the government must present credible evidence: 1 1. That the defendant uttered words to another; 2. That these words were of such a nature as to convey fear of serious bodily harm of injury to the ordinary hearer; and 3. That the defendant intended to utter these words as a threat.”

   1 later decision quote this exact passage
   e.g. MARK E. LEWIS v. UNITED STATES.

2. “[A] determination of what a defendant actually said is just the beginning of a threats analysis. Even when words are threatening on their face, careful attention must be paid to the context in which those statements are made to determine if the words may be objectively perceived as threatening.”

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

3. “A threat is more than language in a vacuum. It is not always reasonable——and sometimes it is patently irrational——to take every pronouncement at face value.”

   1 later decision quote this exact passage
   e.g. Nancy Kindschy v. Brian Aish