Colbert v. State’s Empirical Analysis

Citation profile

1 federal appellate · 3 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Crimes Code provides: A person is guilty of burglary if he enters a building or occupied structure, or separately secured or occupied portion thereof, with intent to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter. Pursuant to this section, a person who is licensed or privileged to enter does not commit burglary although he or she intends to commit a crime within the premises. Although the statute does not define ‘licensed or privileged to enter,’ the statutory defense to burglary does not depend on ownership.”

   1 later decision quote this exact passage
   e.g. United States v. Aguila-Montes De Oca

2. “[In Miller , this] Court ... held that “if a defendant can establish that the premises were open to the public then this is a complete defense” to a burglary charge. However, it was never argued in Miller that although the store was open to the public, the area behind the counter was not open to the public. Hence, the Miller opinion did not address the question of whether the area behind the counter could be “closed” to the public. We conclude that the question of whether the area behind the counter was open to the public is a question of fact for the jury to decide.”

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