People v. Derrera’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In a case involving attempted robbery and attempted second degree sexual as sault, ... an instruction defining “knowingly” as an awareness by the defendant that his conduct is “practically certain to cause the result” would necessarily require the jury to be satisfied beyond a reasonable doubt that he also was aware that “his conduct is of such nature” and that “the circumstance exists” before he could be found guilty of these offenses.”

   2 later decisions quote this exact passage
   e.g. State v. Keomany · Chambers v. People

2. “[R]obbery involves conduct (use of force, threats, or intimidation), circumstance (thing of value and from the person or presence of another), and result (taking). Similarly, second-degree sexual assault involves all three components * * *: conduct (the physical act of causing submission), circumstance (using means of sufficient consequence reasonably calculated to cause submission), and result (sexual penetration or intrusion). [People v. Derrera, 667 P.2d 1363, 1368 (Colo.1983).]”

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

3. “[I]n order to be guilty of criminal attempt, the actor must act with the kind of culpability otherwise required for commission of the underlying offense, and must engage in the conduct which constitutes the substantial step with the further intent to perform acts which, if completed, would constitute the underlying offense.”

   1 later decision quote this exact passage
   e.g. People v. Krovarz