Hubert v. State’s Empirical Analysis

Citation profile

13 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. “[T]his was not a case in which the Navy was being employed to act as police officers in West Virginia. Instead the Navy had an ongoing investigation and merely coordinated its efforts with those of the West Virginia State Police. West Virginia authorities did not summon the military agents’ assistance. Instead the Navy contacted the West Virginia police. The fact that the Navy’s internal investigation happened to uncover wrongs by civilians does not bring the case within the scope of [the Posse Comitatus Act] or render the Navy agents incompetent as witnesses.”

   3 later decisions quote this exact passage
   e.g. Hildebrandt v. State · Wright v. State

2. ““The defendant asserts two assignments of error, both dealing with the admissibility of the evidence. Defendant argues that the military CID agents were incompetent as witnesses by virtue of a federal prohibition against them acting as a posse comitatus. Title 18 U.S.C., Section 1385 , provides as follows: ‘Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined not more than $10,000 or imprisoned not more than two years, or both.'”

   2 later decisions quote this exact passage
   e.g. Hildebrandt v. State · Lee v. State