Hardister v. State’s Empirical Analysis

Citation profile

43 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “inquiry necessary to confirm or dispel the officer's suspicions.”

   3 later decisions quote this exact passage
   e.g. Reinhart v. State · Potter v. State

2. “[floeus of the exclusionary rule under the Indiana Constitution is the reasonableness of the police conduct.”

   2 later decisions quote this exact passage
   e.g. Webster v. State · Trotter v. State

3. “The additional circumstance relied on here — possession of a firearm — is of course a fact necessary to conviction of the elevated crime, and therefore must be found by a jury under Apprendi v. New Jersey, 530 U.S. 466, 476 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). In that limited sense, possession of a firearm is an “element” of the elevated crime. But because possession of a firearm serves only to enhance the penalty for Class D possession of cocaine that is committed without possession of a firearm, possession of a firearm does not establish a separate crime.”

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