2 Haw. App. 369 - State v. Napoleon’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[The defendant] attacked the complaining witness with a baseball bat using sufficient force to break his arm. [HRS § ] 703-3 00[] states: "Deadly force” means force which the-actor uses with the intent of causing or which he knows to create a substantial risk of causing death or serious bodily harm.... Under this definition, [the defendant], per se, used deadly force in the incident in question. HRS § 703-304(5) provides: The use of deadly force is not justifiable under this section if: [[Image here]] (b) The actor knows that he can avoid the necessity of using such force with complete safety by retreating ... [.] Under the evidence, the court below would have been justified and correct in holding that, given the circumstances, [the defendant] knew that he could have safely retreated. Obviously, when the trier of fact is dealing with the issue of the state of mind, he is entitled to look at the circumstantial evidence as well as the [defendant's] testimony and if they conflict, to choose between them.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Van Dyke

2. “(5) A concise statement of the points on which appellant intends to rely, set forth in separate, numbered paragraphs. Each point shall refer to the alleged error upon which appellant intends to rely and shall show the manner in which it is raised, with a reference to the record where the same may be found. When the point involves the admission or rejection of evidence, there shall be included a quotation of the grounds urged at the trial for the objection, and the full substance of the evidence admitted or rejected.”

   1 later decision quote this exact passage · from the majority
   e.g. 4 Haw. App. 175 - Johnson v. Robert's Hawaii Tour, Inc.