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← 520 SO2D 114 - State v. Brand

State v. Brand’s Empirical Analysis

1988

Citation profile

42
cited by 42 later decisions
1
states following
May 2018
most recently cited

2 federal appellate · 39 state decisions

How this case has been cited

Cited by 42 later decisions — most recently May 2018 · most notably State v. Carter (2008), United States v. Green (1992)

2 federal appellate · 39 state decisions

1901988199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Jackson v. Virginia · Sorrells v. United States · Sherman v. United States · Marathon Oil Co. v. United States · 393 So. 2d 1212 - State v. Moody

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

  1. “Entrapment is a defense which arises when a law enforcement official or an undercover agent acting in cooperation with such an official, for the purpose of obtaining evidence of a crime, originates the idea of the crime and then induces another person to engage in conduct constituting the crime, when the other person is not otherwise disposed to do so. The defense is designed to deter the police from implanting criminal ideas in innocent minds and thereby promoting crimes which would not otherwise have been committed. Obviously, law enforcement agents should not persuade citizens to commit crimes, and the defense is recognized to prevent shocking police inducement of the perpetration of a crime. Entrapment is an affirmative defense. Thus, the burden was on defendant to prove entrapment by a preponderance of the evidence. The question whether the government agent implanted the criminal idea in the mind of an innocent person to induce the commission of a crime that would not otherwise be committed is one for the jury. The entrapment defense will not be recognized when the law enforcement official merely furnishes the accused with an opportunity to commit a crime to which he is predisposed. In entrapment cases, a line must be drawn between the trap for the unwary innocent and the trap for the unwary criminal. Thus, the focus in determining an entrapment defense is on the conduct and predisposition of the defendant, as well as the conduct of the government agent. (Citations omitt”
    16 later decisions quote this exact passage
  2. “the cocaine is without merit. Examining the evidence in the light most favorable to the prosecution, the state clearly proved beyond a reasonable doubt that Ms. Lee aided or abetted in the distribution or indirectly counseled or procured Mr. Harry to distribute the cocaine to Detective Landry. In sum, the evidence was sufficient for a rational jury to find beyond a reasonable doubt that Ms. Lee was a principal in the distribution of cocaine. Ms. Lee further argues that she was entrapped or induced into arranging the sale of narcotics to Detective Landry.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.