State v. Harney’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. “[a]n appellate court will be more inclined to reverse in cases where the erroneous instruction ‘did not merely allow a wrong word or some other ambiguity to exist, [but] excused the State from its burden of proof on [a] contested element of the crime.’ Additionally, this court has previously held that where a verdict director effectively omits an essential element of the offense, such an instruction rises to the level of plain error if the evidence in the case fails to establish the existence of the omitted element ‘beyond serious dispute.’”

   2 later decisions quote this exact passage
   e.g. State v. January · State v. White

2. “Third, that defendant in doing so (used physical force) (or) (threatened the immediate use of physical force) on or against [name of person threatened or against whom force was applied ] for the purpose of [Insert one of the following. Omit brackets and number.] [1] (preventing) (overcoming) resistance to the taking of the property, [2] forcing [name of person who delivered up the property ] (to deliver up the property) (to [Describe conduct compelled.] in aid of the taking), [3] (preventing) (overcoming) resistance to the keeping of the property immediately after the taking, and Fourth, that in the course of (taking) (obtaining) (using) (transferring) (concealing) (retaining possession of) the property, (the defendant) ([name of person] ) (or) (another person) [Insert one of the following. Omit brackets and number.] [1] caused serious physical injury to [name of person ], [2] was armed with a deadly weapon, [3] used or threatened the immediate use of a dangerous instrument against [name of person ], [4] displayed or threatened the use of what appeared to be a deadly weapon or dangerous instrument....”

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

3. “Only one option should be used in paragraph Third. Only one option should be used in paragraph Fourth. If more than one of such options is supported by the evidence and is within the scope of the charge, each option so supported and charged may be submitted by a separate instruction. If more than one combination of such options is supported by the evidence and is within the scope of the charge, each combination may be submitted by a separate instruction.”

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