State v. Duff’s Empirical Analysis
1988
Citation profile
2 federal appellate · 43 state decisions
How this case has been cited
Cited by 45 later decisions — most recently February 2020 · most notably State v. Roy (1989), State v. Duff (1989)
2 federal appellate · 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 Beck v. Alabama · Wiborg v. United States · In re Vendo Co. · Spierings v. Alaska · United States v. Antonelli Fireworks Co.
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“This is one of those “rare and extraordinary case[s]” ... where “the error in the trial court’s charge so affects the substantial rights of this [defendant] that we will notice the error on appeal despite the lack of proper objection.””
2 later decisions quote this exact passage · from the dissente.g. Roy v. Coxon · State v. Roy“The Defendant is charged with felony murder of Kimberly Giroux, and I will explain what the State must prove for the Defendant to be found guilty of this offense. If the State cannot prove this offense, you will then have to decide whether the State has proven what is known as a lesser included offense, and I will also explain what that term means. If after consideration of all of the evidence you are satisfied that the State has proven each element of felony murder beyond a reasonable doubt, then you must find the Defendant guilty. If you find that the State has failed to prove any one of these elements beyond a reasonable doubt, then you must find the Defendant not guilty of felony murder. If you find the Defendant not guilty of felony murder, you must go on to consider the lesser included offenses of second degree murder, voluntary manslaughter, and involuntary manslaughter. If the State proves each of these elements [of second degree murder] beyond a reasonable doubt, then you must find the Defendant guilty of second degree murder. If however after consideration of all of the evidence you find the Defendant not guilty of second degree murder, you must then go on to consider the lesser included offense of manslaughter. Manslaughter is divided into two types, voluntary and involuntary manslaughter. If the State proves all of these elements [of voluntary manslaughter] beyond a reasonable doubt, then you must find the Defendant guilty of voluntary manslaughter. If however aft”
1 later decision quote this exact passagee.g. State v. Wright“Now, ladies and gentlemen, if you reach the point of determining what degree of homicide is involved in this case, the presumption of innocence is to be considered in that determination of degree. . . .[T]he Defendant is first presumed innocent of any crime. But if you find . . . that the Defendant did unlawfully take the life of a human being. . . the offense is presumed to be the lesser degree.... At each step you must apply the presumption of innocence and weigh it against the evidence. You should begin with the least serious offense and only move upward if you have been convinced as to the additional elements of the higher offense beyond a reasonable doubt.”
1 later decision quote this exact passagee.g. State v. Couture
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.