State v. Howell’s Empirical Analysis
1998
Citation profile
4 federal appellate · 19 state decisions
How this case has been cited
Cited by 23 later decisions — most recently December 2025
4 federal appellate · 19 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 State v. Castle · State v. Brandon · State v. Goulet · State v. Williams · State v. Gopher
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]n this case, the testimony in the record and the medical evidence do not support an instruction on aggravated or felony assault. The injuries inflicted were nearly fatal. The laceration on Oliver's neck extended through skin, fat, and muscle and was within one millimeter of Oliver's carotid artery and jugular vein. Dr. Gould testified: "You could not get [a] more uniform [cut] without trying." The record contains no evidence that Howell intended to inflict bodily injury rather than to cause the death of Oliver. Howell admitted to threatening Oliver with a knife and testified at trial: I was behind him but I put the knife to his throat and told him to get off, I hadn't used the knife. Listen, I like Jim Oliver, but when you threaten, you threaten, you show him you mean it or he's going to get up and kick the shit out of me. Howell then stated that he did not intend to injure Oliver, but cut him accidentally. This theory, if accepted, would support an acquittal, not a conviction for assault. Therefore, we hold that the District Court did not err in refusing to instruct the jury on aggravated or felony assault.”
1 later decision quote this exact passage · from the majoritye.g. State v. Schmidt“[F]or a defendant accused of deliberate homicide to be entitled to an instruction on mitigated deliberate homicide, the defendant must put forth some evidence demonstrating that he or she acted under extreme mental or emotional stress for which there is reasonable explanation or excuse.”
1 later decision quote this exact passage · from the majoritye.g. State v. Martin“[f]rom the evidence presented at trial, it would be irrational to conclude that Sellner's shooting of [Officer] Parcell in the chest with a large caliber soft-point bullet was done with any intent other than to cause a person's death.”
1 later decision quote this exact passage · from the majoritye.g. State v. Schmidt
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.