Abney v. State’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Next, Abney asserts that the State failed to prove beyond a reasonable doubt that the device was used or intended to be used in a manner readily capable of causing bodily injury. We agree with Abney that the phrase “intended to be used” is part of the relative clause, modifying the antecedents “in a manner that is readily capable of causing bodily injury” and is not indicative of-his level of culpability. Rather, the culpability level for I.C. § 35-44-3-9.5 is clearly defined in the opening sentence as “a person who knowingly or intentionally ... possesses.””

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

2. “A person who knowingly or intentionally while incarcerated in a penal facility possesses a device, equipment, a chemical substance, or other material that: (1) is used; or (2) is intended to be used; in a manner that is readily capable of causing bodily injury commits a Class C felony. However, the offense is a Class B felony if the device, equipment, chemical substance, or other material is a deadly weapon.”

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

3. “Blakely prohibits our trial courts from imposing a sentence greater than the presumptive based on a factor not admitted by the defendant, or submitted to the jury and proven beyond a reasonable doubt.”

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