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← 142 Vt. 558 - State v. Shotton

State v. Shotton’s Empirical Analysis

1983

Citation profile

33
cited by 33 later decisions
7
states following
September 2013
most recently cited

33 state decisions

How this case has been cited

Cited by 33 later decisions — most recently September 2013 · most notably State v. Kerr (1983), State v. Pollander (1997)

33 state decisions

1201983199020002010decided

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 State v. Gokey · State v. Warshow · 78 Ill. App. 3d 983 - People v. Cater

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

  1. “(1) there must be a situation of emergency arising without fault on the part of the actor concerned; (2) this emergency must be so imminent and compelling as to raise a reasonable expectation of harm, either directly to the actor or upon those he was protecting; (3) this emergency must present no reasonable opportunity to avoid the injury without doing the criminal act; and (4) the injury impending from the emergency must be of sufficient seriousness to outmeasure the criminal wrong.”
    7 later decisions quote this exact passage
  2. “[T]he jury could have concluded that defendant reasonably believed she was confronted with a medical emergency... and that her need for treatment, as she conceived it to be, outweighed the criminal wrong of driving under the influence.”
    3 later decisions quote this exact passage · from the dissent
  3. “the jury should have had the opportunity to weigh the reasonableness and credibility of all the evidence, and to decide if it was sufficient to establish the defense of necessity. It was the function of the jury to determine first whether defendant was driving while under the influence of intoxicating liquor, and if she was, then to determine whether she was justified in doing so because of necessity. By refusing to charge the jury on the second issue, the trial court committed reversible error.”
    1 later decision quote this exact passage · from the dissent

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.