State v. Durant’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A fire poses unique hazards. As a means of destruction, it is difficult to control and may quickly spread to nearby buildings or fields. Firemen and policemen are endangered. Neighbors and passers-by, fearing that a structure is occupied, may attempt hazardous rescue efforts.””

   2 later decisions quote this exact passage
   e.g. State v. Newfield · Keats v. State

2. “Section 76-6-103 states that the person is guilty only if he acted "intentionally and unlawfully.” "A person engages in conduct: (1) Intentionally ... when it is his conscious objective or desire to engage in the conduct or cause the result." ... Thus, the person who carelessly burns a pile of trash in a high wind, setting fire to his own home or another’s, might be found guilty under the reckless burning statute, but could not be found guilty of aggravated arson. Similarly, a homeowner who accidentally sets fire to his garage with his welding torch could not be said to have "intentionally” damaged a habitable structure.”

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

3. “(1) A person is guilty of aggravated arson if by means of fire or explosives he intentionally and unlawfully damages: (a) A habitable structure; or (b) Any structure or vehicle when any person not a participant in the offense is in the structure or vehicle. (2) Aggravated arson is a felony of the second degree.”

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