State v. Elmi’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(emphasis added). In so reasoning, we hold in accord with Wilson, that once the intent to inflict great bodily harm is established, usually by proving that the defendant intended to inflict great bodily harm on a specific person, the mens rea is transferred under RCW 9A.36.011 to any unintended victim. State v. Elmi, 166 Wash.2d 209, 218 , 207 P.3d 439 (2009) (emphasis added). ¶66 This Elmi rationale is equally applicable to the first type of second degree assault at issue here. Just as RCW 9A.36.011(1)(a)'s weapon-based first degree assault of”

   1 later decision quote this exact passage
   e.g. State v. Abuan

2. “If a person assaults a particular individual or group of individuals with a firearm with the intent to inflict great bodily harm and by mistake, inadvertence, or indifference, the assault with the firearm took [e]ffect upon an unintended individual or individuals, the law provides that the intent to inflict great bodily harm with a firearm is transferred to the unintended individual or individuals as well.”

   1 later decision quote this exact passage
   e.g. State v. Abuan

3. “a house, a tavern, or a car, she or he certainly bears the risk of multiple convictions when several victims are present, regardless of whether the defendant knows of their presence. " Elmi, 166 Wash.2d at 218 , 207 P.3d 439 (emphasis added). And, despite the lack of an instruction on "transferred intent,”

   1 later decision quote this exact passage
   e.g. State v. Abuan