State v. Lujan’s Empirical Analysis

Citation profile

4 federal appellate · 2 district · 69 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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘ * * * the state had no alternative in the matter but to prosecute the appellant under the special statute, * * * ’ ””

   3 later decisions quote this exact passage
   e.g. State v. Riley · State v. Ibn Omar-Muhammad

2. “The enhancement provisions of the Narcotic Drug Act differ appreciably from the enhancement provisions of the Criminal Code. In § 54-7-15(C) of the Narcotic Drug Act, there is provision for “the third or subsequent offense.” [2] But [the habitual offender statute] provides life imprisonment as the penalty for conviction for a fourth felony, which would qualify only as a “subsequent offense” under the Narcotic Drug Act. While the habitual criminal statute ... does not consider a case where the offender is a minor, § 54-7-15(D), supra, provides for a penalty of a fine up to $10,000 and imprisonment for 20 years to life, in case of an adult offender. The latter portion of § 54-7-15 provides for hospitalization in certain cases, as well as for the disallowance of any suspension or parole until the minimum imprisonment provided for the offense has been served. The habitual criminal statute has no such provision. These factors indicate to us that the legislature intended the “object” of providing special punishment for violators of the Narcotic Drug Act when it passed § 54-7-15, supra, and a different “object” when it passed [the habitual offender statute],”

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

3. ““Any person violating the foregoing sections [54 — 7-13, 54 — 7-14] shall, upon conviction thereof, be punished as follows : - “A. For the first offense, upon conviction, he shall be fined not more than two thousand dollars ($2,000) and imprisoned not less than two [2] years nor more than ten [10] years. “B. For the second offense, or if in case of a first offense of a violation of any provision of this act [54-7-13 to 54-7-15] the offender shall have previously been convicted of any violation of the laws of the United States or any state, territory or district of the United States relating to narcotic drugs or marijuana, the offender shall be fined not more than two' thousand .dollars ($2,000) and imprisoned not less than five [5] years nor more than twenty [20] years.””

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