State v. Caprio’s Empirical Analysis

Citation profile

7 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “HRS § 701-109(l)(e) was intended to prohibit the State from dividing a crime, defined by statute as a continuing offense, into separate temporal or spatial units, and then charging a defendant with committing several counts of the same statutory offense, each count based on a separate temporal or spatial unit of the continuing offense. That did not occur here.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Fuimaono v. American Samoa Government · State v. Momoki

2. “[l]he Hawai'i test [for multiple punishments cases] thus adopts the Blockburger rule and adds thereto a requirement that the law defining each of the offenses is intended to prevent a substantially different harm or evil.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Tomomitsu v. State · State v. Brantley

3. “(e) Continuing Course of Conduct Subsection (l)(e) deals with a continuing course of conduct prohibited by a single statute. It provides that only one conviction is proper based upon a single uninterrupted course of such behavior, unless the statute prescribes that specific periods constitute separate offenses. For example, a person violates an unlawful cohabitation statute only once, no matter how long his unlawful cohabiting continues, where the conduct was not interrupted by the issuance of process or otherwise.”

   1 later decision quote this exact passage · from the dissent
   e.g. Fuimaono v. American Samoa Government