State v. Lass’s Empirical Analysis

Citation profile

62 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Among the essential elements of murder in the first degree are deliberation, premeditation, and a specific intent to kill. If a person with opportunity to deliberate makes a wrongful assault upon another with a deadly weapon and death ensues, the inference is warranted that he did so with malice, deliberation, premeditation and a specific intent to kill in the absence of evidence to the contrary. This inference is not conclusive, but may be considered by you with all of the evidence in the case, or lack of evidence, in determining whether or not the killing charged, if done by the defendant, was done with deliberation, premeditation and a specific intent to kill.”

   2 later decisions quote this exact passage
   e.g. Henderson v. Scurr · State v. Jeffries

2. “Jurors undoubtedly discuss a variety of subjects in considering cases. As a practical matter, courts cannot be too strict on jury discussions or few verdicts could stand. State v. Houston, 209 N.W.2d 42 [(1973)] (“a rigid approach would result in interminable litigation”). The matters which jurors bring up and discuss in the privacy of their room largely inhere in their verdict. State v. Smith, 196 Iowa 1003 , 193 N.W. 418 [(1923)]. Trial courts have broad discretion in these matters. State v. Jackson, 195 N.W.2d 687 (Iowa [(1972)]).”

   2 later decisions quote this exact passage
   e.g. Ray v. Paul · State v. Christianson

3. ““Failure to Hold Preliminary Examination. Defendant’s first contention involves questions of whether, on a county attorney’s information without a preliminary examination, an accused may lawfully (1) be restrained pending trial and (2) be convicted upon trial. This case does not actually present the first question, however, as defendant is not being restrained pending trial; he has been convicted. The United States Supreme Court made this point clear in Gerstein v. Pugh, 420 U.S. 103 , 95 S.Ct. 854 , 43 L.Ed.2d 54 . This case presents the second question: the validity of a conviction on a prosecutor’s information without a preliminary examination. In Gerstein the Court also made clear that such a conviction is valid. “Gerstein was a class action brought by prisoners awaiting trial, challenging Florida procedure which permitted authorities to hold and try an accused on a prosecutor’s information without a probable cause hearing before a judicial officer. During pend-ency of the class action the prisoners were convicted on the informations, but the United States Supreme Court nevertheless held that the action was not moot as to unnamed members of the class. The Court unanimously held that a probable cause determination is a condition to any significant pretrial restraint on liberty but that an accused is not entitled to judicial oversight of the decision to prosecute nor is he entitled to have a conviction voided for lack of a probable cause determination. The Court stated: “In”

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