Fink v. State’s Empirical Analysis

Citation profile

33 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Both 11 Del. C. § 1109(4) and § 1111(1) use the term "visual depiction” in the singular. The clearest reading of the statutes is that each individual "visual depiction” of child pornography that is knowingly "dealt” or possessed by a defendant constitutes the basis for a separate offense under the statutes. Accordingly, in this case, [the defendant's] possession of multiple photographs depicting child pornography constituted multiple violations of both the dealing and the possession statute. Id. at 788.”

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Davidson · Sisson v. State

2. “Constitutional claims de novo to determine if the trial court committed an error of law.”

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

3. “clear [evidence] that the sentencing judge relied on impermissible factors.”

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