State v. Counts’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Although it is possible to construe ‘suppressing’ as a generic term meaning any form of exclusion of evidence (see Section 1-02-02, N.D.C.C.), the use of the term in context of the Rules of Criminal Procedure leads us to the conclusion that the words ‘[a]n order ... suppressing evidence’ relate to a decision by a lower court granting a motion to suppress evidence pursuant to Rule 12, N.D.R.Crim.P.... ⅜ ⅜ ⅜ ⅜ ⅜; ⅜: “[W]e hold that appeals by the State pursuant to Section 29-28-07(5) are limited to appeals from the granting of a motion to suppress under Rule 12(b)(3), N.D.R.Crim. P., and from the granting of a motion to return evidence under Rule 41(e), N.D.R.Crim.P.””

   2 later decisions quote this exact passage
   e.g. State v. Corona · State v. Simon

2. ““An appeal may be taken by the state from: * ⅜ * * * * “5. An order granting the return of property or suppressing evidence, or suppressing a confession or admission, when accompanied by a statement of the prosecuting attorney asserting that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding. The statement must be filed with the clerk of district court and a copy must accompany the notice of appeal.””

   2 later decisions quote this exact passage
   e.g. State v. Corona · State v. Simon

3. “exclusion by virtue of constitutional law”

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