State v. Pierce’s Empirical Analysis

Citation profile

2 federal appellate · 13 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he mental state required to satisfy “knowledge” is more culpable than that for “criminal negligence” because the actor must know it probable that a result will follow. “Criminal negligence” can be shown if risk to others is disregarded. However, proof of knowledge necessarily proves the elements of criminal negligence. You cannot engage in conduct knowing it likely will harm others without, at the same time, disregarding the risk to those others. The mental states are therefore not mutually exclusive.”

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

2. ““The applicable rule is that where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not.””

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

3. ““When conduct constitutes an offense within the concurrent jurisdiction ... of two courts of separate, overlapping, or concurrent jurisdiction in this state, a prosecution in any such other jurisdiction is a bar to a subsequent prosecution in this state . . .” (Emphasis added.)”

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