Hess v. State’s Empirical Analysis

Citation profile

2 federal appellate · 8 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(the defendants) . . . contend that the trial court erred in overruling the defendants’ motion to suppress the introduction of the seized film into evidence. In support of their contention the defendants argued that no magistrate viewed the film in an effort to focus searchingly upon the question of obscenity prior to the issuance of the warrant, and that, therefore, the warrant was issued in violation of the explicit guidelines set down in the recent decision of the United States Supreme Court in Heller v. New York, 413 U.S. 483 , 93 S.Ct. 2789 , 37 L.Ed.2d 745 (1973). With this contention we agree. The record reflects that the Judge issuing the search warrant did not view the film prior to the issuance of a warrant. The facts in the instant case do not present exigent circumstances wherein immediate police action must be ‘now or never’ to preserve evidence. The film complained of was not stolen or contraband and was not in the process of being removed or destroyed. The failure of a neutral magistrate to view the film prior to the issuance of a constitutionally sufficient search warrant was error. See also Roaden v. Kentucky, 413 U.S. 496 , 93 S.Ct. 2796 , 37 L.Ed.2d 757 .””

   1 later decision quote this exact passage
   e.g. Robinson v. City of Birmingham

2. “Any person who knowingly buys, sells, barters, traffics in, or causes to be delivered or transported into Oklahoma any picture, moving picture, drawing, electronic video game, diagram, or photograph of any person or animal or caricature thereof in an act of sexual intercourse or unnatural copulation, upon conviction, shall be deemed guilty of a felony and shall be punished by a fine of not to exceed Twenty-five Thousand Dollars ($25,000.00) or by imprisonment for not to exceed fifteen (15) years, or by both such fine and imprisonment. Nothing contained in this section shall prohibit the use of any of the above-mentioned items pursuant to medical prescription by a duly-licensed physician in the State of Oklahoma, or in recognized schools of medicine or veterinary science for educational purposes.”

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

3. “... Rule 6 only provides a forum and procedure to assert a co-equal right of the State. This Court has the authority under its superintending power to provide for such a procedure to achieve a true balance of criminal justice, (citations omitted.)”

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