State v. Hackett’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[u]nder HRS § 701-109(l)(b), those who conspire to commit more than two criminal acts and commit two of the criminal acts may be convicted of three crimes (committing the two criminal acts and conspiracy to commit the other criminal act(s)). As long as the conspiracy count of which they are convicted involves overt acts in furtherance of one or more crimes other than the two committed, its inclusion of the two committed as some, but not all, of the *? conspiracy’s overt acts neither invalidates nor precludes conviction of three crimes.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Okumura

2. “The possibility that Defendants could have been convicted of [the conspiracy] even if some of the overt acts alleged were rejected causes potential problems. [[Image here]] If Defendants had been convicted of [the conspiracy] in a jury trial, would we be able to determine whether Defendants were guilty of more overt acts than those alleged in the [substantive crimes]? [[Image here]] Obviously, this issue is best addressed when drafting the charge or indictment and when jury instructions ... are being settled.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Okumura

3. “involves a distinct danger in addition to that involved in the actual commission of any specific offense.... Thus, there may be a conviction of both a conspiracy and a completed offense committed pursuant to that conspiracy if the prosecution shows that the objective of the conspiracy was the commission of offenses in addition to that for which the defendant has been convicted.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Okumura