State v. Dow’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Both the second degree murder statute, RSA 630:l-b, 1(b), and the manslaughter statute, RSA 630:2, 1(b) (Supp. 1983), require proof that a defendant caused the death of another recklessly as that term is defined in RSA 626:2,11(c). The second degree murder statute, however, requires proof of the additional element that the death be caused ‘under circumstances manifesting an extreme indifference to the value of human life.” RSA 630:l-b 1(b). As we previously have stated: ‘ “Circumstances manifesting an extreme indifference to the value of human life” means something more than merely being aware of and consciously disregarding a substantial and unjustifiable risk [the definition of recklessness]. “If the advertence [to the risks involved] and the disregard are so blatant as to manifest extreme indifference to life, then the offense is murder. . . .” Thus where the accused’s behavior “constitutes a gross deviation” from law-abiding conduct, RSA 626:2,11(c), but does not manifest “an extreme indifference to the value of human life,” RSA 630:l-b 1(b), the jury may properly find only manslaughter. Where, however, the evidence supports the additional element of “extreme indifference,” the jury may find murder in the second degree. The existence and extent of disregard manifested is a factual determination to be made by the jury.’ ” 126 N.H. at 207 .”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Robinson · State v. Schultz

2. “We hold that depraved heart second-degree murder requires a conscious disregard of the risk, sufficient under the circumstances, to manifest extreme indifference to the value of human life. Recklessness that can be assimilated to purpose or knowledge is treated as depraved heart second-degree murder, and less extreme recklessness is punished as manslaughter. Conviction of depraved heart second-degree murder requires proof that the defendant acted recklessly under circumstances manifesting extreme indifference to the value of human life. This language describes a kind of culpability that differs in degree but not in kind from the ordinary recklessness required for manslaughter.”

   1 later decision quote this exact passage · from the majority
   e.g. Brown v. Commonwealth