State v. Grable’s Empirical Analysis

Citation profile

4 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. “'something that is real, not imagined, and of substance, not ephemeral.'”

   2 later decisions quote this exact passage
   e.g. State v. Galloway · State v. Hopkins

2. “(1) The defendant has no significant history of prior criminal activity. (2) The crime was committed while the defendant was under the influence of extreme mental or emotional disturbances. .... (4) The defendant was an accomplice in the crime committed by another person, and the defendant's participation was relatively minor. (5) The defendant acted under extreme distress or under the substantial domination of another person. 7 (6) The capacity of the defendant to appreciate the criminality of the defendant's conduct or to conform the defendant's conduct to the requirements of law was substantially impaired.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Galloway

3. “'is one that forces a court—by the case's facts—to abandon the status quo and venture beyond the presumptive sentence.'”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Galloway