State v. Glass’s Empirical Analysis

Citation profile

1 federal appellate · 44 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) the purpose to be served by the new standards; (b) the extent of the reliance by law enforcement authorities on the old standards; and (c) the effect on the administration of justice of a retroactive application of the new standards.”

   6 later decisions quote this exact passage · from the dissent
   e.g. Mossberg v. State · Smart v. State

2. “A review of the decisions of the Supreme Court of the United States dealing with retroactivity questions indicates that the starting point in analysis is the purpose [of the new rule]. Where the purpose of the new rule is primarily related to the integrity of the verdict, the application thereof has generally been extended to all cases.... On the other hand, where the purpose of a new constitutional standard is not to minimize arbitrary or unreliable fact findings, but to serve other ends, retroactive application has generally been denied.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Farleigh v. Municipality of Anchorage · Garhart v. State

3. “In construing similar provisions of Alaska’s Constitution, we, of course, give careful consideration to the holdings of the United States Supreme Court, although we are not bound by them. White , however, does not present a clear cut agreement by any majority of the justices, and our decision as to Alaska’s Constitution should therefore be influenced solely by the reasoning supporting the differing positions. Moreover, the United States Supreme Court has carefully stated: “[T]he protection of a person’s General right to privacy his right to be let alone by other people is, like the protection of his property and of his very life, left largely to the law of the individual States.” It is, of course, easy to say that one engaged in an illegal activity has no right to complain if his conversations are broadcast or recorded. If, however, law enforcement officials may lawfully cause participants secretly to record and transcribe private conversations, nothing prevents monitoring of those persons not engaged in illegal activity, who have incurred displeasure, have not conformed or have espoused unpopular causes. It seems only just that conduct of those engaged in criminal activity be revealed. Legitimate interests of law enforcement authorities, however, may generally be met in the same manner as in other searches and seizures. In the absence of limited exceptions, a search warrant should be obtained from an impartial magistrate, based on probable cause to believe that criminal acti”

   1 later decision quote this exact passage · from the dissent
   e.g. 221 W. Va. 70 - State v. Mullens