164 Ind. App. 396 - Nuss v. State’s Empirical Analysis
1975
Citation profile
50 state decisions
How this case has been cited
Cited by 50 later decisions — most recently July 2011 · most notably Bean v. State (1978), French v. State (1980)
50 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 Patterson v. State · Baker v. State · Easton v. State · King v. State · Banks 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““SELF DEFENSE: The Killing of another human being may be justified on the theory of Self Defense if the perpetrator: (Emphasis ours) “1. Acted without fault. “2. Was in a place where he had a right to be. “3. Was in real danger of death or great bodily harm or in such apparent danger as caused him in good faith to fear death or great bodily harm. “The danger of death or great bodily harm need not be actual. It need be only apparent to a reasonable person under the circumstances. The law protects persons who feel compelled to act at such times even though in retrospect it is proved they have erred if they acted reasonable in view of the surrounding circumstances under which the events took place. The law of Self Defense does not, however, protect one who kills another human being through anger or revenge in an encounter provoked and brought on by himself. “If you believe from the evidence in this case that the Defendant shot the decedent in self defense or if you have a reasonable doubt as to whether or not the Defendant shot the decedent in self defense, then he cannot be found guilty of any crime.””
3 later decisions quote this exact passagee.g. Johnson v. State · Hoover v. State““. . . testimony in court, or written evidence, of a statement made out of court, the statement being offered as an assertion to show the truth of matters asserted therein, and thus resting for its value upon the credibility of the out-of-court asserter.” McCormick, Evidence § 246, p. 584.”
2 later decisions quote this exact passage““ ‘The theory of the Hearsay rule (ante, § 1361), is that where a human utterance is offered as evidence of the truth of the fact asserted in it, the credit of the assertor becomes the basis of our inference, and therefore the assertion can be received only when made upon the stand, subject to the test of cross-examination. If, therefore, an extra-judicial utterance is offered, not as an assertion to evidence the matter asserted, but without reference to the truth of the matter asserted, the Hearsay rule does not apply. The utterance is then merely not obnoxious to that rule. It may or may not be received, according as it has any relevancy in the case; but if it is not received, this is in no way due to the Hearsay rule. “ ‘The prohibition of the Hearsay rule, then does not apply to all words or utterances merely as such. If this fundamental principle is clearly realized, its application is a comparatively simple matter. The Hearsay rule excludes extra-judicial utterances only when offered for a special purpose, namely, as assertions to evidence the truth of the matter asserted.’ (Emphasis added.)””
1 later decision quote this exact passagee.g. Comer v. State
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.