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← 77 ND 309 - State v. Braathen

State v. Braathen’s Empirical Analysis

1950

Citation profile

18
cited by 18 later decisions
1
cited 1 times by the Supreme Court
3
states following
July 2017
most recently cited

17 state decisions

How this case has been cited

Cited by 18 later decisions (1 by the Supreme Court) — most recently July 2017

17 state decisions

501950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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. ““ ‘In passing upon a motion for a new trial based on the insufficiency of the evidence, the trial court is clothed with a wide discretion, and his determination with respect to such sufficiency will not be disturbed unless there appears to have been abuse of that discretion.’ ””
    2 later decisions quote this exact passage
  2. ““Evidence bearing upon whether an admission was made voluntarily or involuntarily may be considered by the jury in determining the weight to be given to the admission. In State v. Gibson, 69 N.D. 70 , 284 N.W. 209, 211 , in the Syllabus by the Court, we said: ''A “confession”, as the term is employed in criminal law, is an acknowledgement in express terms by a person of his guilt of a crime, while an admission is an acknowledgement, direct or implied, of some fact or circumstance which in itself is insufficient to show guilt of a crime, but which is pertinent and tends in connection with the proof of other facts to prove such guilt. “‘In order to be admissible as evidence in a criminal action, a confession must be freely and voluntarily made. “ ‘An admission, not amounting to a confession, need not be proved to have been made freely and voluntarily in order to be admissible in evidence against the accused in a criminal action.’ ””
    1 later decision quote this exact passage
  3. “The declaration by the trial court of a mistrial is a stringent step to be taken by the court upon the development of some fact or occurrence that renders further proceedings nugatory.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.