State v. Stidman’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If you do not find the defendant guilty of murder in the second degree, you must consider whether he is guilty of voluntary manslaughter. If you find and believe from the evidence beyond a reasonable doubt: First, that on or between April 6, 2001, and April 7, 2001, in the County of Greene, State of Missouri, the defendant caused the death of Sherri Westfall by beating her, and Second, that the defendant knew or was aware that his conduct was causing the death of Sherri Westfall, then you will find the defendant guilty of voluntary manslaughter. However, unless you find and believe from the evidence beyond a reasonable doubt each and all of these propositions, you must find the defendant not guilty of voluntary manslaughter. If you do find the defendant guilty of voluntary manslaughter, you will assess and declare the punishment at imprisonment for a term of years fixed by you, but not less than five years and not to exceed fifteen years.”

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

2. “Third, that defendant did not do so under the influence of sudden passion arising from adequate cause.... As used in this instruction, the term “sudden passion” means passion directly caused by and arising out of provocation by Sherri Westfall which passion arose at the time of the offense. The term “adequate cause” means cause that would reasonably produce a degree of passion in a person of ordinary temperament sufficient to substantially impair an ordinary person’s capacity for self-control.”

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