State v. Harvey’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) The killing must have been done in the belief that it was necessary to avert death or grievous bodily harm. (2) The judgment of the defendant as to the gravity of the peril to which he was exposed must have been reasonable under the circumstances. (3) The defendant’s election to kill must have been such as a reasonable man would have made in light of the danger to be apprehended.”

   4 later decisions quote this exact passage
   e.g. State v. Richardson · State v. Housley

2. “Clearly, once the defendant has raised the issue of justification the burden is on the state to prove beyond a reasonable doubt the absence of justification.”

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