Emler v. State’s Empirical Analysis

Citation profile

3 federal appellate · 47 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Normally voluntary intoxication is not a defense in a criminal proceeding. In order for intoxication to relieve appellant from responsibility the crime charged must have involved specific intent and he must have been so intoxicated as to be incapable of entertaining the required specific intent.””

   3 later decisions quote this exact passage
   e.g. Snipes v. State · Murphy v. State

2. ““INTERROGATION; ADVICE OF RIGHTS YOUR RIGHTS INDIANA STATE POLICE POST Place Danville Date 12-29-73 Time 12:03 A.M. “Before we ask any questions, you must understand your rights. “You have the right to remain silent. “Anything you say can be used against you in court. “You have the right to talk to a lawyer for advice before we ask you any questions and to have him with you during questioning. “If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. “If you decide to answer questions now without a lawyer present, you will still have the right to stop answering at any time. You also have the right to stop answering at any time until you talk to a lawyer. “WAIVER OF RIGHTS “I have read this statement of my rights and I understand what my rights are. I am willing to make a statement and answer questions. I do not want a lawyer at this time. I understand and know what I am doing. No promises or threats have been made to me and no pressure or coercion of any kind has been used against me. “Signed Lester Niehaus Witness: Tpr. Joseph R. Rhodes 1927 Witness: E. Reine 1454 Time: 1206 A.M.””

   2 later decisions quote this exact passage
   e.g. Niehaus v. State · Duckworth v. Eagan

3. “The decedent, Steve, and his common law wife, Jackie, were in a bar and Steve was playing pool. Appellant entered and wished to play as well. When appellant reached for a pool cue the cue apparently caught in Jackie’s hair. Words were exchanged between Jackie and appellant, including some name calling. Steve intervened and told appellant to cease his derogatory remarks. A fracas erupted between appellant and Steve, including swinging pool cues. The fight lasted five minutes and appellant, bloodied in the face, left with the warning, “I’ll be back.” He then drove home, got his shotgun, and returned, the trip taking about thirty minutes. He entered the bar and told Steve to come outside but Steve refused. The woman who owned the bar then coaxed appellant outside and pleaded with him to go home. Appellant told her, “I am going to kill that son-of-a-bitch in there just as sure as the world.” He took his shotgun from his car, pushed the woman aside and entered the bar. Appellant stood at the front near the bar with Steve at the rear. He told Steve, “If you don’t come outside I’ll kill you here.” He then raised the shotgun, aimed it at Steve, and shot him in the back. When questioned, none of the witnesses could tell whether appellant was intoxicated or not. A woman who had been with him for part of the evening testified that she saw him have three drinks. At trial appellant testified that he had twenty to thirty drinks the day of the shooting but in his statement to the police he ”

   1 later decision quote this exact passage
   e.g. Emler v. Duckworth