State v. Clark’s Empirical Analysis

Citation profile

1 federal appellate · 19 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “These issues were not raised before the district court. This Court will not address issues that are raised for the first time on appeal. However, [a]n obvious error or defect that affects substantial rights may be considered even though it was not brought to the court’s attention. We exercise the power to notice obvious error cautiously and only in exceptional circumstances where the defendant has suffered serious injustice. To establish obvious error, the defendant must show plain error existed affecting his substantial rights. The error must be a clear deviation from an applicable legal rule under current law to constitute an obvious error. Here, none of the issues rise to the level of obvious error.”

   1 later decision quote this exact passage
   e.g. Clark v. Bertsch

2. “This court reviews [dangerous special] offender proceedings and the district court's application of a sentencing enhancement under N.D.C.C. § 12.1-32-09 for an abuse of discretion.”

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