State v. Winchenbach’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. Definitions. For the purposes of this section, the term "signal” may include the use of a hand signal, siren or flashing emergency lights, and the term "roadblock” means a physical barrier, a vehicular or other obstruction placed upon a way at the direction of a law enforcement officer. 2. Failure to stop. It is unlawful for the operator of any motor vehicle to fail or refuse to stop that vehicle upon request or signal of any uniformed law enforcement officer. Failure to comply with this subsection is a Class E crime. 3. Eluding an officer. Whoever, after being requested or signaled to stop, attempts to elude a law enforcement officer by driving a vehicle at a reckless rate of speed which results in a high-speed chase between the operator’s vehicle and any law enforcement vehicle using a blue light or siren is guilty of a Class D crime. If any person suffers any serious bodily injury, as defined in Title 17-A, section 2, subsection 23, as a result of the operator’s attempt to elude a law enforcement officer as described in this section, that operator commits a Class C crime. 4.Passing a roadblock. It is unlawful for the operator of any motor vehicle to pass or attempt to pass a roadblock, clearly identifiable as a police roadblock, without authorization. Failure to comply with this subsection is a Class C crime. If any person suffers serious bodily injury, as defined in Title 17-A, section 2, subsection 23, as a result of an operator’s passing or attempting to pass a roadb”

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

2. “2. In all other cases, the court shall state in the sentence of imprisonment whether a sentence shall be served concurrently with or consecutively to any other sentence previously imposed or to another sentence imposed on the same date. The sentences shall be concurrent unless, in considering the following factors, the court decides to impose sentences consecutively: A. That the convictions are for offenses based on different conduct or arising from different criminal episodes; B. That the defendant was under a previously imposed suspended or unsuspended sentence and was on probation, under incarceration or on a release program at the time the person committed a subsequent offense; C. That the defendant had been released on bail when that person committed a subsequent offense, either pending trial of a previously committed offense or pending the appeal of previous conviction; or D. That the seriousness of the criminal conduct involved in either a single criminal episode or in multiple criminal episodes or the seriousness of the criminal record of the convicted person, or both, require a sentence of imprisonment in excess of the maximum available for the most serious offense.”

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

3. “[a] court need not tolerate unwarranted delays, and if in the sound discretion of the court the attempted exercise of choice is deemed dilatory or otherwise subversive of orderly criminal process, the court may compel a defendant to go to trial even if he is not entirely satisfied with his designated attorney.”

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