Anthony Haire v. State’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In cases where the evidence establishes, as a matter of law, the defendant was not the aggressor, the jury should not be charged that he had an absolute duty to retreat. In all cases, the jury should be instructed that the defendant was justified in using deadly force only if necessary; consequently, he must consider reasonable alternatives, which may include retreat, before using deadly force.”

   3 later decisions quote this exact passage
   e.g. Sindelar v. State · Widdison v. State

2. “Even if the defendant had reasonable ground[s] to believe and actually did believe that he was in imminent danger of death or serious bodily harm, the defendant was justified in using deadly force to repel the danger only if he retreated as far as he safely could do before using deadly force. The law requires a person to retreat rather than to take the life of an adversary if there was a convenient mode of retreat without increasing his actual or apparent peril. To excuse a failure to retreat, it is necessary that the defendant's peril would be increased, or that it reasonably appeared that it would be increased, by retreat. If you find that the defendant could have safely retreated but failed to do so, the defendant cannot rely on the justification of self-defense.”

   2 later decisions quote this exact passage
   e.g. Widdison v. State · Sam v. State

3. “"To establish prejudice, the appellant must show a reasonable probability that [he] would have received a more favorable verdict in the absence of the error." [ Snow v. State , 2009 WY 117 , ¶ 34, 216 P.3d 505 , 516-17 (Wyo. 2009) ] (quoting Pendleton v. State , 2008 WY 36 , ¶ 11, 180 P.3d 212 , 216 (Wyo. 2008) ). "In other words, focusing solely on an outcome determination is insufficient; the Court must also look at whether the result of the proceeding was fundamentally unfair or unreliable." Id. (internal quotation marks omitted).”

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