State v. Kelly’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Members of the jury, in response to your question, “Is self[-]defense considered a lawful use,” I remind you that it is necessary for the State to prove that it, meaning the object!,] was possessed under such circumstances that a reasonable person would recognize that it was likely to be used as a weapon. In other words, under circumstances where it posed a likely threat of harm to others and/or a likely threat of damage to property, you may consider factors such as the surrounding circumstances as well as the size, shape, and condition of the object; the nature of its concealment; the time, place and actions of the defendant; when it was found in his possession to determine whether or not the object was manifestly appropriate for its lawful uses. This statute is 2C:39—5(d). Section 6(d) prohibits the possession of implements as weapons even if possessed for precautionary purposes, except in situations of immediate and imminent danger. Although selfl[-]defense involves a lawful use of a weapon, it does not justify the unlawful possession of the weapon under Section 6(d) except when a person uses a weapon after arming himself or herself spontaneously to repel an immediate danger. Obviously, there may be circumstances in which a weapon is seized in response to an immediate danger, but ensuing circumstances render its use unnecessary. Under such conditions, the individual may take immediate possession of the weapon out of necessity rather than self[ Jdefense. However, it would a”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Crisoforo Montalvo (077331) (Monmouth and Statewide)

2. “[in using general language, the legislature intended to allow juries and judges to define, through the use of their own community standards and through an evaluation of the relevant facts and cireumstances, what constitutes manifestly inappropriate possession of an object in each individual case.”

   1 later decision quote this exact passage · from the majority
   e.g. A.P.E. v. People

3. “a statutory list would potentially fail to filter out makeshift weapons or objects that may be used as weapons”

   1 later decision quote this exact passage · from the majority
   e.g. A.P.E. v. People