Brake v. State’s Empirical Analysis
1997
Citation profile
11 state decisions
How this case has been cited
Cited by 11 later decisions — most recently June 2025
11 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 Randell v. State · Castillo v. State · Brown v. State · Bushnell v. State · Carroll v. State
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[The defendant] admitted killing the victim. The only question was whether or not the killing was in self-defense. Even if the killing had been in self-defense, [the defendant's lack of remorse would have been a legitimate consideration of the sentencing judge. [The defendant’s claim of self-defense and a feeling of remorse are not in conflict. Thus,... [the defendant’s right to remain silent is not implicated. The sentencing judge may legitimately consider a defendant’s lack of feeling about killing a fellow human being, when the defendant admits to the killing.”
1 later decision quote this exact passage · from the concurrencee.g. State v. Burgess“maintained his innocence of the crime for which he was ultimately convicted and was unable to express remorse and admit guilt . . . without foregoing his right to not incriminate himself”
1 later decision quote this exact passage · from the majoritye.g. State v. Willey
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.