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← 275 SW3D 231 - State v. Avery

State v. Avery’s Empirical Analysis

2009

Citation profile

12
cited by 12 later decisions
1
states following
July 2018
most recently cited

12 state decisions

Relationships

Relies on State v. Forrest · State v. Gray · State v. Erwin · State v. Daugherty · State v. Dunn

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

  1. “Evidence that a person was in a voluntarily intoxicated . -.. condition may be admissible when otherwise relevant' on issues of conduct but in no event shall it 'be admissible for the purpose of negating a mental state which is an element of the offense. In a trial by jury, the jury shall be so instructed when evidence that a person was in a voluntarily intoxicated ... condition has been received into evidence.”
    2 later decisions quote this exact passage
  2. “The state must prove every element of the crime beyond a reasonable .doubt. However, in determining the defendant’s guilt or innocence, you are instructed that an intoxicated condition from alcohol will not relieve a person of responsibility for his eonduct.”
    2 later decisions quote this exact passage
  3. “[It is within] the trial court’s discretion, when instructions are supported by the evidence, which instructions are necessary to avoid misleading or confusing the jury, Accurately informing the jury concerning a point of law will limit, rather than increase, the chance of a jury being misled or confused.”
    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.