Deshields v. State’s Empirical Analysis

Citation profile

1 district · 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “display[ed] what appeared] to be a deadly weapon” as part of the State's prima facie case against the defendant for first degree robbery. The Court held that the prior crime evidence was inadmissible in the State’s case-in-chief because it was not independently relevant to this element of first degree robbery — particularly since the victim’s testimony presented sufficient direct testimony to satisfy the State’s burden with respect to that element. See id. at 507-08 . The Second Circuit has likewise noted that”

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

2. “[T]here must be more than the victim’s fear of the existence of a deadly weapon. For example, the victim must see a bulge or suggestion that the defendant’s clothing contained a weapon. When the victim’s subjective belief is accompanied by an objective physical manifestation that the robber appears to be displaying a deadly weapon, it is sufficient evidence to establish that necessary element of Robbery in the First Degree.”

   1 later decision quote this exact passage
   e.g. In re the Personal Restraint of Bratz

3. “A person is guilty of robbery in the second degree when, in the course of committing theft, the person ... threatens the immediate use of force ... with intent to: (1) Prevent or overcome resistance to the taking of the property ... or (2) Compel the owner of the property or another person to deliver up the property.... Robbery in the second degree is a class E felony.”

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