State v. Person’s Empirical Analysis

Citation profile

70 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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a defendant is entitled to a requested instruction on the affirmative defense of extreme emotional disturbance only if there is sufficient evidence for a rational juror to find that all the elements of the defense are established by a preponderance of the evidence.”

   2 later decisions quote this exact passage
   e.g. 172 Conn. App. 108 - State v. Bonds · State v. Campbell

2. “'a defendant is entitled to [an] [instruction] on a defense for which there is evidence produced at trial to justify the instruction, no matter how weak or incredible the claim. ' " (Emphasis added.) This contention is incorrect in the context of this case, however, as that standard applies only to general defenses, not affirmative defenses such as the one set forth in § 53a-54c. See State v. Person , supra, 236 Conn. at 352 -53 , 673 A.2d 463 ("It is well established in Connecticut that a defendant is entitled to have the jury instructed on any general defense for which there is any foundation in the evidence, no matter how weak or incredible.... This standard is appropriate when a defendant raises a general defense and the state has the burden of disproving that defense beyond a reasonable doubt.... The any evidence standard has been improperly applied, however, to affirmative defenses.... To the extent that those cases have held that any evidence is sufficient for a defendant to be entitled to a requested instruction regarding an affirmative defense, they are overruled.”

   1 later decision quote this exact passage
   e.g. 172 Conn. App. 108 - State v. Bonds

3. “in any prosecution under this subsection, it shall be an affirmative defense that the defendant committed the proscribed act or acts under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be, provided nothing contained in this subsection shall constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the first degree or any other crime.”

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