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← 462 NW2D 512 - State v. Derby

State v. Derby’s Empirical Analysis

1990

Citation profile

4
cited by 4 later decisions
1
states following
December 2009
most recently cited

2 federal appellate · 2 state decisions

Relationships

Relies on 15 Cal. 3d 709 - People v. Gauze · People v. Barry · At & T Information Systems v. South Dakota State Board of Equalization · State v. Wolff · In re T.J.E.

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

  1. “Any person who enters an occupied structure with intent to commit any crime other than the act of shoplifting or retail theft as described in chapter 22-30A constituting a misdemeanor, or remains in an occupied structure after forming the intent to commit any crime other than shoplifting as described in chapter 22-30A constituting a misdemeanor under circumstances not amounting to first degree burglary, is guilty of second degree burglary. Second degree burglary is a Class 3 felony.”
    1 later decision quote this exact passage · from the concurrence
  2. “unlawful or unauthorized entry into a structure [is] an element of third-degree burglary.”
    1 later decision quote this exact passage · from the concurrence

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.