State v. Hoyt’s Empirical Analysis

Citation profile

2 federal appellate · 93 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 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`the provocation, in order to be sufficient in law, must be such as, naturally and instantly, to produce in the minds of persons, ordinarily constituted, the highest degree of exasperation, rage, anger, sudden resentment, or terror.'”

   5 later decisions quote this exact passage · from the majority
   e.g. 94 Wis. 2d 288 - State v. Klimas · 94 Wis. 2d 450 - Muller v. State

2. ““940.05 Manslaughter. Whoever causes the death of another human being under any of the following circumstances may be imprisoned not more than 10 years: “(1) Without intent to kill and while in the heat of passion.””

   4 later decisions quote this exact passage · from the majority
   e.g. 80 Wis. 2d 122 - State v. Mendoza · 159 Wis. 2d 1 - State v. Rewolinski

3. ““If we look solely at the action of Mr. Hoyt in the last few minutes before the shooting, it seems clear that such actions would not be sufficient to produce the required degree of disturbance in an ordinarily constituted person not previously subjected to the treatment visited upon Mrs. Hoyt by her husband and disclosed by the record. On the other hand, it seems reasonable that the treatment to which Mrs. Hoyt had been subjected for a long period of time, and the public humiliation of her within the previous hour would have a cumulative effect upon any ordinary person so that the provocation just before the shooting would be greatly magnified.” 21 Wis. 2d at 291 .”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Head · 386 Wis. 2d 351 - State v. Martinson