172 Ohio App. 3d 25 - State v. Peck’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A mere failure to perceive or avoid a risk, because of a lack of due care, does not constitute reckless conduct…Instead, one must recognize the risk of the conduct and proceed with a perverse disregard for that risk…In contrast to the actor who proceeds with knowledge of risk, the failure of a person to perceive or avoid a risk that his conduct may cause a certain result or may be of a certain nature is negligence. R.C. 2901.22(D). Recklessness requires more than ordinary negligent -9- Fayette CA2013-03-005 conduct. The difference between the terms”

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

2. “did not know the [weight capacity] rating of the snatch block, and because he was unaware of the risk associated with using a snatch block without checking its rating, he was ignorant of the risk that the snatch block would fail”

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

3. “A person acts recklessly when, with heedless indifference to the consequences, he or she perversely disregards a known risk that his or her conduct is likely to cause a certain result or is likely to be of a certain nature.”

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