State v. Faust’s Empirical Analysis

Citation profile

9 federal appellate · 208 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 223 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) absence of provocation on the part of the deceased, (2) the statements and conduct of the defendant before and after the killing, (3) threats and declarations of the defendant before and during the occurrence giving rise to the death of the deceased, (4) ill will or previous difficulties between the parties, (5) the dealing of lethal blows after the deceased has been felled and rendered helpless, (6) evidence that the killing was done in a brutal manner, [ ] (7) the nature and number of the victim's wounds.... [ (8) ]whether a defendant arrived at the scene of the crime with a weapon and [ (9) ] whether a defendant fired multiple shots. (citations omitted).”

   7 later decisions quote this exact passage
   e.g. State v. Ruof · 105 Wash. 2d 820 - State v. Bingham

2. “`Deliberation means that the act is done in cool state of blood. It does not mean brooding over it or reflecting upon it for a week, a day, or an hour, or any other appreciable length of time, but it means an intention to kill, executed by the defendant in a cool state of blood in furtherance of a fixed design to gratify a feeling of revenge or to accomplish some unlawful purpose, and not under the influence of a violent passion, suddenly aroused by some lawful or just cause or legal provocation.'”

   5 later decisions quote this exact passage
   e.g. State v. Welch · State v. Sanders

3. ““Ladies and gentlemen of the jury, I charge you that if you find from the evidence beyond a reasonable doubt that on or about the 25th day of September, 1976 John Denver Potter intentionally and without justification or excuse shot Ferd Snyder with a .38 caliber pistol thereby proximately causing Ferd Snyder’s death, and that John Denver Potter intended to kill Ferd Snyder, and that he acted with malice after premeditation and after deliberation, it would be your duty to return a verdict of guilty of first degree murder. “However, if you do not so find or after considering and weighing all of the evidence you have a reasonable doubt as to one or more of these things you will not return a verdict of first degree murder. If you do not find the defendant guilty of first degree murder you must determine whether he is guilty of second degree murder. “I charge you, ladies and gentlemen of the jury, if you find from the evidence beyond a reasonable doubt that on or about the 25th day of September, 1976 John Denver Potter intentionally and with malice and without justification or excuse shot Ferd Snyder with a deadly weapon, to wit, a .38 caliber pistol thereby proximately causing Ferd Snyder’s death, it would be your duty to return a verdict of guilty of second degree murder. However, if you do not so find or have a reasonable doubt as to one or more of these things, you will not return a verdict of guilty of second degree murder. If you do not find the defendant guilty of second de”

   3 later decisions quote this exact passage
   e.g. State v. Potter · State v. Fox