Goodwine v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The unique feature of robbery is the victim's relinquishing property in the face of the immediate possibility of the actor's execution of the threat to do bodily harm. The language used, `threatens' and `intentionally puts in fear,' contemplates purposeful behavior and focuses upon the accused's purposeful conduct in conveying, by either express verbal threats or implicit nonverbal physical movement or both, that harm will immediately result if the victim resists the taking. From this reasoning, we see that it is the accused's conduct in communicating, either verbally or with physical movement or both, the threat of injury that controls, not the victim's reaction to the accused's conduct. Our focus on the accused's purposeful behavior assures that the robbery offense properly identifies those offenders who pose the risk of bodily harm to which the crime is addressed. If our focus were on the victim's reaction to an accused's conduct, we would run the risk that a victim's subjective overreaction to benign conduct would unjustifiably escalate an offense from a less serious to a more serious crime. "Focusing on the accused's purposeful behavior, the court in Mangerich v. State, 93 Nev. 683 , 572 P.2d 542 (1977), upheld the accused's robbery conviction where the accused entered a 7-11 store, said `good morning' to the female sales clerk, placed a ski mask over his head and told the clerk, `[g]ive me all the money.' The court explained, 572 P.2d at 543 : `Of course, "[t]he courag”

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

2. “Hayden v. State, 91 Nev. 474, 476 , 538 P.2d 583, 584 (1975). Certainly, the appearance of a strange man in a ski mask demanding money could cause a reasonable clerk to fear for her safety and relinquish property. Cf. United States v. Robinson, 527 F.2d 1170 (6th Cir. 1975); State v. Stephens, 66 Ariz. 219 , 186 P.2d 346 (1947); and Flagler v. State, 198 So.2d 313 (1967).' ....”

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

3. “As pointed out in United States v. Alsop, 479 F.2d 65, 67 (9th Cir. 1973), if the focus were on the victim's reaction and not on the accused's conduct, `a fearless banker could never be robbed by intimidation.' Conversely, a timid banker could always be robbed under a benign or ordinary circumstance.”

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