Dominguez v. State’s Empirical Analysis

Citation profile

2 federal appellate · 16 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A majority of this Court has held murder committed under circumstances manifesting an extreme indifference to the value of human life is a general intent crime and does not require a person act with specific intent to kill; rather, death and the commission of the offense is a consequence of the person’s willful conduct. State v. Borner, 2013 ND 141, ¶ 18 , 836 N.W.2d 383 . A person engages in conduct “willfully” if he “engages in the conduct intentionally, knowingly, or recklessly.” N.D.C.C. § 12.1-02-02(l)(e). A majority of this Court held: Under N.D.C.C. § 12.1-16-01(l)(b), a person does not intend to cause the death of another human-being, but rather death is a consequence of the defendant’s willful conduct. In other words, extreme indifference murder results in an unintentional death from behavior manifesting an extreme indifference to the value of human life.... An individual cannot intend to achieve a particular offense that by its definition is unintended. Borner , at ¶ 18 (citations omitted). Because criminal attempt requires an intent to complete the commission of the underlying crime but murder committed under circumstances manifesting an extreme indifference to the value of human life results in an unintentional death and does not require an intent to commit that particular offense, there is an inconsistency in the elements of attempt and murder under N.D.C.C. § 12.1-16-01(l)(b) that is logically and legally impossible to rectify consistent with the holding in Born”

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

2. “The defendant, acting with the culpability required to commit the crime of murder intentionally engaged in conduct which, in fact, constitutes a substantial step toward the commission of the crime of murder; specifically, the defendant attempted to kill [the victim] by intentionally choking her to the point of unconsciousness or repeatedly striking her with a wooden rod about the head or stabbing her a with scissors, and did so under circumstances manifesting an extreme indifference to the value of human life.”

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

3. “Because the North Dakota ... statute was modeled after and does not vary in substance from the ... [f]ederal ... provision, we are guided by both the drafter's official comments to the proposed [federal statute] and the relevant legislative history when we are confronted with a question of statutory interpretation.”

   1 later decision quote this exact passage
   e.g. Utah State Tax Comm'n v. See's Candies, Inc.