State v. Scobee’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[T]he statute and our cases recognize that in repelling an attack one is limited to ‘that force which reasonably appears to be necessary for that purpose.’ [Citations omitted.] If the jury had found the deadly force employed by [Griblin] was ‘reasonably necessary’ to repel [Hughes’] attack, it .would have acquitted him. But if it found that force was excessive what could its verdict be? If it found no malice, it could not convict of murder. If it [found] that he did not intend to kill, it could not convict of voluntary manslaughter. Yet the use of excessive force eliminated the statutory justification for the homicide and made it unlawful. . . . We think the jury could conclude on the facts of this case that [Griblin] had a right of self- defense, and his exercise of that right was a lawful act. It could also find, however, that shooting [at Hughes repeatedly] was not reasonably necessary .... This use of excessive force could be found to be an ‘unlawful planner’ of committing the lawful act of self-defense, and thus supply that requisite element of involuntary manslaughter.””

   1 later decision quote this exact passage · from the majority
   e.g. 12 Kan. App. 2d 677 - State v. Griblin

2. ““The defendant raises self defense as a defense. Evidence in support of this defense should be considered by you in determining whether the State has met its burden of proving that the defendant is guilty. The. State’s burden of proof does not shift to the defendant.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Saleem