State v. Horst’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. “Except as is permitted by constitutional or statutory provision, a judge cannot act for a court other than one for which [that judge] was selected. The jurisdiction of a judge being incident to, and growing out of, the jurisdiction of the court of which [that judge] is a member, a judge cannot, in the absence of authority of law, exercise the judicial functions of a court for which [the judge] has not been selected.”

   2 later decisions quote this exact passage
   e.g. Dale v. City of Sioux Falls · State v. Wilson

2. “A committing magistrate ... is not a court and does not exercise judicial power in any strict sense.”). In fact, the committing magistrate is not even permitted to entertain certain evidentiary objections and motions at the preliminary hearing. See SDCL 23A-4-6, which provides in relevant part: The rules of evidence shall apply, except that an objection to evidence on the ground that it was acquired by unlawful means is not properly made at the preliminary hearing. Motions to suppress such evidence must be made to the trial court. Here, at the time of the motions hearing where she”

   1 later decision quote this exact passage
   e.g. State v. Springer-Ertl

3. “A judge of the circuit court is a judge of the circuit court in the State of South Dakota and in any circuit in which he acts as a judge. The orders, judgments, and decrees of a circuit judge acting in a county other than one in his own circuit shall be as effectual for all purposes as though made by a judge regularly elected and qualified therein ....”

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