State v. Buggs’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[When] the defendant shot in the direction of the Crips, they were not advancing upon or physically menacing him in any way. Characterized most strongly for the defendant, all that the evidence showed was that the defendant thought the two men he shot at were highly dangerous individuals who meant to do him harm, and who ... had to be eradicated right away to prevent them from gaining an advantage over him and injuring him at some later tune. The question is, does this kind of threat justify the defendant’s action? We believe it does not. [[Image here]] We have not found any case that would allow a claim of self-defense under the circumstances presented here. While we agree that a victim’s past acts and reputation for violence will often be relevant on the question of the reasonableness of a defendant’s use of force in self-defense, ... one may resort to deadly force only if it is necessary to prevent immediate harm. The defendant’s “self-defense” in this case was nothing more than a “preemptive strike” against the men he feared.”

   1 later decision quote this exact passage
   e.g. Xi Van Ha v. State

2. “At various points in his testimony, the defendant elaborated on his fear of the Crips. When asked why he felt he was in danger when he returned to the [pool hall] parking lot, he said: “Because I know the Crips, I know what they do. You have to get them before they get you.... [S]ee, I’ve been on the streets a long time, I have seen how the Crips act, I know what they do, and they get you in a position where you don’t [have] protection, [and] they will wipe you.””

   1 later decision quote this exact passage
   e.g. Xi Van Ha v. State

3. “Here, when the defendant returned to the area of the confrontation and fired his pistol at the men who had kicked him, he was not under their domination and control, and they gave no signal that they intended to renew their attack. Our conclusion is in line with settled authority to the effect that after a fight has broken off, one cannot pursue and kill merely because he once feared for his life.”

   1 later decision quote this exact passage
   e.g. Xi Van Ha v. State