State v. Milk’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) The seriousness of the alleged felony offense to the community and whether protection of the community requires waiver; (2) Whether the alleged felony offense was committed in an aggressive, violent, premeditated or willful manner; (3) Whether the alleged felony offense was against persons or property with greater weight being given to offenses against persons; (4) The prosecutive merit of the complaint. The state is not required to establish probable cause to show prosecutive merit; (5) The desirability of trial and disposition of the entire felony offense in one proceeding if the child’s associates in the alleged felony offense are adults; (6) The record and previous history of the juvenile; (7) The prospect for adequate protection of the public and the likelihood of reasonable rehabilitation of the juvenile, if the juvenile is found to have committed the alleged felony offense, by the use of procedures, services, and facilities currently available to the juvenile court.”

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

2. “In the absence of a clear and specific exemption, we hold that the rules of evidence apply to juvenile certification hearings. Accordingly, we conclude that the hearsay statements [of a witness] were inadmissible and that the district court improperly considered them in making its finding of prosecutive merit under [N.H.Rev.Stat. Ann. § 169-B:24—the juvenile transfer statute].”

   1 later decision quote this exact passage
   e.g. 200 W. Va. 86 - State v. George Anthony W.

3. “Juvenile transfer hearings are clearly not included among the listed exceptions to the application of South Dakota Rules of Evidence. Hearings held for the purpose of determining whether a juvenile matter should be transferred to adult court are "proceedings" held in the circuit courts of this state; thus, the rules of evidence are applicable.”

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