78 Or. App. 23 - State v. Kincaid’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"ORICO cases, or at least this ORICO case, consist of multiple episodes in an ongoing pattern, and any two of those episodes can be selected by the prosecution-and the factfinder-as the basis for convicting the defendant. It is manifest to us that the defendant has the right to be informed of all the specific episodes from which the prosecution can make its selection."”

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

2. “"[s]ometimes *** a statement of the particular circumstances of the crime is necessary in order to charge the * defendant with having committed specific acts bringing him within the condemnation of the statute, and in those cases the indictment must be direct and certain as to such circumstances."”

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

3. “the `acts constituting the offense in ordinary and concise language ... and in such manner as to enable a person of common understanding to know what is intended.'”

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