State v. Tjaden’s Empirical Analysis

Citation profile

2 federal appellate · 21 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Any person who drives any vehicle upon a highway carelessly and heedlessly in willful or wanton disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of reckless driving * * (Emphasis supplied)”

   4 later decisions quote this exact passage
   e.g. State v. Carmody · State v. Syring

2. “"The term culpable negligence as used in Section 12-2719, RCND 1943, defining manslaughter in the second degree as applied to the operation of a motor vehicle, implies a total lack of care which is properly described as being in a reckless and heedless manner with utter disregard for the lives and limbs of persons upon the highway." The penalties under each of the offenses of negligent homicide and manslaughter second degree are identical, to wit, imprisonment in the penitentiary for not less than one year nor for more than five years, or in the county jail for not more than one year, or by a fine of not more than $1,000, or both such fine and imprisonment. In addition, under § 39-06-31(1), NDCC, a conviction under either charge results in the revocation of a driver's license.”

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

3. ““29-11-10. Charging the offense.— The indictment or information may charge, and is valid and sufficient if it charges, the offense for which the defendant is being prosecuted in one or more of the following ways: “1. By using the name given to the the offense or offenses by a statute or statutes and sufficient particulars to give the court and the defendant notice of the offense or offenses intended to be charged; “2. By stating so much of the definition of the offense or offenses in terms of the statute or statutes defining the offense or offenses, or in terms of substantially the same meaning, as is sufficient to give the court and the defendant notice of the offense or offenses which are intended to be charged. “The indictment or information may refer to a section or subsection of any statute or statutes creating the offense or offenses charged therein and, in determining the validity or sufficiency of such indictment or information, regard shall be had to such reference.” “29-11-20. Ownership of property— Allegation not required. — An indictment or information need contain no allegation of ownership of any property, unless such allegation is necessary to charge the offense under section 29-11-10. In charging an offense in which an allegation of ownership of property is satisfied by proof of possession or right of possession, any statement in an indictment, information, or bill of particulars which implies possession or right of possession is a sufficient allegation of own”

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