State v. McGrath’s Empirical Analysis

Citation profile

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. “76-10-1602. Definitions. As used in this part: (1)“Racketeering" means any act committed for financial gain which is illegal under the laws of Utah regardless of whether such act is in fact charged or indicted, involving: [[Image here]] (1) Trafficking in controlled substances, explosives, weapons or stolen property; [[Image here]] (v) The soliciting, requesting, commanding, encouraging, or intentionally aiding another in commission of any of the above enumerated offenses; (w) Conspiracy to commit any of the above enumerated offenses; or (x) An attempt to commit any of the above enumerated offenses. (2) "Person” includes any individual or entity capable of holding a legal or beneficial interest in property. (3) "Enterprise" means any individual, sole proprietorship, partnership, corporation, business trust, association or other legal entity, and any union or group of individuals associated in fact although not a legal entity, and includes illicit as well as licit entities. (4) "Pattern of racketeering activity" means engaging in at least two episodes of racketeering conduct which have the same or similar objectives, results, participants, victims, or methods of commission, or are otherwise interrelated by distinguishing characteristics and are not isolated events, provided at least one of such episodes occurred after the effective date of Ais part and the last of which occurred within five years after the commission of a prior episode of racketeering conduct. 76-10-1603. Unla”

   2 later decisions quote this exact passage
   e.g. State v. Bell · 2019 UT App 113 - State v. Squires

2. “means any act committed for financial gain which is illegal under the laws of Utah regardless of whether such act is in fact charged or indicted, involving: ...; (1) Trafficking in controlled substances, explosives, weapons or stolen property; ...; (v) The soliciting, requesting, commanding, encouraging, or intentionally aiding another in commission of any of the above enumerated offenses; (w) Conspiracy to commit any of the above enumerated offenses; or (x) An attempt to commit any of the above enumerated offenses. (2)”

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

3. “To avoid running afoul of constitutional prohibitions against double jeopardy, the federal courts have held under the federal [RICO] Act that the government must prove at least one element beyond the pattern of racketeering activity. That additional element is the existence of an 'enterprise.' ” Id. at 636 . Similarly, the United States Supreme Court stated: That a wholly criminal enterprise comes within the ambit of the statute does not mean that a”

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