Stobbart v. State’s Empirical Analysis

Citation profile

33 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To make a prima facie showing of justification so as to allow evidence of violent acts by the victim against third parties, “the defendant must show that the victim was the aggressor, the victim assaulted the defendant, and the defendant was honestly trying to defend himself.” [Cit.]”

   2 later decisions quote this exact passage
   e.g. Cloud v. State · Ludy v. State

2. “[t]he statute is clearly concerned with the use of deadly force to counter entry, or attempted entry, into the home . . . , and there is no evidence that [the victim] made any threats against the habitation. Further, he was there as a guest of [Harris], who was a resident of the [house], and defense of habitation is not a defense available to a defendant when the victim is a guest in the home.”

   1 later decision quote this exact passage
   e.g. 339 Ga. App. 30 - Harris v. the State

3. “[T]he only testimony was that in pointing the pistol at [Sheldt and Smith], he did so intentionally, not “consciously disregarding a substantial and unjustifiable risk that his act or omission would cause harm or endanger [their] safety,” and consequently the trial court properly refused to give a jury instruction on reckless conduct. 22”

   1 later decision quote this exact passage
   e.g. 313 Ga. App. 809 - Dailey v. State