State v. Lodermeier’s Empirical Analysis

Citation profile

5 federal appellate · 29 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘An indictment which does not contain all the essential elements of the offense charged is defective.... ’ State v. Stone, 467 N.W.2d 905, 907 (S.D.1991). However, we have held failure to set out an essential element of an offense in the charging instrument is not always fatal. State v. Swallow, 350 N.W.2d 606, 609 (S.D.1984). ‘The defect is cured if the information sets forth the proper statute, the jury instructions set forth all the essential elements of the offense, and the State proves all the essential elements at trial.’ Stone, 467 N.W.2d at 907 (quoting Swallow, 350 N.W.2d at 609 ). Accord State v. Williams, 297 N.W.2d 491, 493 (S.D.1980); State v. Larson, 294 N.W.2d 801, 802 (S.D.1980).”

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

2. “In determining whether a new trial should be granted, the trial court is required to find the new evidence is not cumulative and there is a `reasonable probability' that it would produce a different result on retrial.”

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

3. “`The determination of whether an affidavit in support of a search warrant shows probable cause for issuance of the warrant must be based upon an examination of the four corners of the affidavit.'”

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