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← 263 N.W.2d 539 - State v. Kellogg

State v. Kellogg’s Empirical Analysis

1978

Citation profile

22
cited by 22 later decisions
1
states following
November 2018
most recently cited

2 federal appellate · 20 state decisions

How this case has been cited

Cited by 22 later decisions — most recently November 2018

2 federal appellate · 20 state decisions

12019781980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on United States v. Agurs · Escobedo v. Illinois · Tollett v. Henderson · Brewer v. Williams · Geders v. United States

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

  1. “To prove murder, one of the elements the State had to establish was malice aforethought. Code 1975, § 690.1. Since this element constitutes a state of mind, the prosecutor in murder cases may show prior relations between the parties including incidents of quarrels and physical acts, as bearing on the defendant’s quo animo. This rule is firmly established in our law. State v. Moelchen, 53 Iowa 310, 314 , 5 N.W. 186, 189 (prior altercation at which blows were struck — “The evidence was competent, because it tended to show that the parties had not lived together agreeably”); State v. Cole, 63 Iowa 695, 697 , 17 N.W. 183 , 184 (“evidence of conduct exhibiting a bad state of feeling on the part of the defendant towards the deceased is admissible”); State v. O’Donnell, 176 Iowa 337 , 157 N.W. 870 ; State v. Flory, 198 Iowa 75 , 199 N.W. 303 ; State v. Johnston, 221 Iowa 933 , 267 N.W. 698 . See also, 40 Am.Jur.2d, Homicide § 274 at 540-541 (quarrels, altercations, and hostile acts); 40 C.J.S., Homicide § 241 at 1176.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.