Halferty v. State’s Empirical Analysis

Citation profile

5 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is essential that an expert witness be present at trial to testify to the conversion ratio and how it applies in each case. ... [A] conversion ratio between ... pseudoephedrine to methamphetamine can be used, but it can change "depending on the cooking process, on whether pill binders are stripped from the ... pseudoephedrine, and on the person who is 'cooking' the methamphetamine." With so many ingredients involved in the manufacturing of methamphetamine and so many different factors that can alter how those ingredients affect the yield, determining yield is not a task that should be undertaken by a lay person. When the difference of such a small amount can have such a profound effect on a potential sentence, the trial court needs to be sure that the yield is accurate.”

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

2. “A person who knowingly or intentionally maintains a building, structure, vehicle, or other place that is used one (1) or more times: (1) by persons to unlawfully use controlled substances; or (2) for unlawfully: (A) manufacturing; (B) keeping; (C) offering for sale; (D) selling; (E) delivering; or (F) financing the delivery of; controlled substances, or items of drug paraphernalia ... commits maintaining a common nuisance, a Class D felony.”

   1 later decision quote this exact passage
   e.g. 752 F. Supp. 2d 925 - Brown v. City of Fort Wayne

3. “depending on the cook, the ratio of ... pseudoephedrine to methamphetamine can 'fall below 50[%].' " Id. The court noted "[c]ooking the [amount] of ... pseudoephedrine at a yield of fifty percent would create ... an amount ... less than three grams. [The officer] also testified that the conversion ratio was 'in general,' 'usually,' or 'about' seventy to eighty percent.”

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