Tarnef v. State’s Empirical Analysis

Citation profile

42 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Tjhe words “aid and abet” are used synonymously with various combinations of the words assist, advise, counsel, procure, encourage, incite and instigate.”

   2 later decisions quote this exact passage
   e.g. Carman v. State · Hensel v. State

2. “Since the State is responsible for establishing the isolated circumstances under which the interrogation takes place and has the only means of making available corroborated evidence of warnings given during incommunicado interrogation, the burden is rightly on its shoulders. An express statement that the individual is willing to make a statement and does not want an attorney followed closely by a statement could constitute a waiver. But a valid waiver will not be presumed simply from the silence of the accused after warnings are given or simply from the fact that a confession was in fact eventually obtained. A statement we made in Carnley v. Cochran, 369 U.S. 506, 516 , 82 S.Ct. 884, 890 , 8 L.Ed.2d 70, 77 (1962), is applicable here: “Presuming waiver from a silent record is impermissible. The record must show, or there must be an allegation and evidence which show, that an accused was offered counsel but intelligently and understanding^ rejected the offer. Anything less is not a waiver.””

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

3. “It is clear that at common law criminal intent was a necessary element of liability as an aider and abettor, [footnote 7] Although Alaska now treats aiders and abettors as principals, the common law intent requirement remains. Accordingly, we hold that although intent is not specifically mentioned in the portion of the second degree arson statute which refers to one who “aids, counsels or procures the burning of a building”, criminal intent is required as a necessary element of the crime.”

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