68 Wash. App. 770 - State v. Delmarter’s Empirical Analysis

Citation profile

2 federal appellate · 12 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “isolated speed as the only circumstance needed to permit the jury to find reckless driving and thereby convict Schwendeman. The jury was told, in effect, that it could ignore all the other evidence, consider only the evidence of Schwendeman's speed, and if it found Schwendeman was exceeding the speed limit, that was enough to convict him—not of speeding, but of reckless driving. By focusing the jury on the evidence of speed alone, the challenged instruction erroneously permitted the jury to find an element of the crime of which Schwendeman was convicted without considering all the evidence presented at trial.”

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

2. “[W]hen the inference described in the instruction is the only basis, or an alternate basis, for finding an element of the crime charged, the "rational connection" must be such that a rational trier of fact could find the elemental fact from the foundational one beyond a reasonable doubt.”

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

3. “A person who drives in excess of the maximum lawful speed at the point of operation may be inferred to have driven in a reckless manner. This inference is not binding upon you and it is for you to determine what weight, if any, such inference is to be given.”

   1 later decision quote this exact passage
   e.g. 123 Wash. 2d 704 - State v. Hanna