103 Wash. 2d 304 - State v. Kincaid’s Empirical Analysis
1985
Citation profile
43 state decisions
How this case has been cited
Cited by 43 later decisions — most recently December 2018 · most notably State v. Thomas (2004), 105 Wash. 2d 692 - State v. Kwan Fai Mak (1986)
43 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Furman v. Georgia · Zant v. Stephens · 94 Wash. 2d 216 - State v. Green · Hudson v. Palmer · Cabrera-Martinez v. United States
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.
“[a]ggravating circumstances . . . are not elements of the crime, but "`”
5 later decisions quote this exact passage“Instruction No. 7 To convict the defendant Kwan Fai Mak of the crime of aggravated murder in the first degree, as charged in any count, each of the following elements of the crime must be proved beyond a reasonable doubt: (1) That on or about the 19th day of February, 1983, the defendant or an accomplice caused the death of the individual named; (2) That the defendant acted with the intent to cause the death; (3) That the defendant acted with premeditated intent to cause the death; (4) That the death was a result of the acts of the defendant or his accomplice; (5) That one or more of the following aggravating factors was present: (a) The defendant and his accomplice committed the murder to conceal the commission of a crime or to protect or conceal the identity of any person committing a crime, or (b) There was more than one victim and the murders were part of a common scheme or plan of the defendant, or (c) The murder was committed in the course of or in furtherance of the crime of robbery; (6) That the acts occurred in King County, Washington.”
4 later decisions quote this exact passage“"The term "common scheme or plan" means that there was a connection or nexus between the murders and the victims thereof. A scheme or plan is a design, method of action, or system formed to accomplish a purpose."”
3 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.