Rodgers v. Commonwealth’s Empirical Analysis

Citation profile

39 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘[P]robable cause is a fluid concept—turning on the assessment of probabilities in particular factual contexts—not readily, or even usefully, reduced to a neat set of legal rules.’ Just as judges consider the totality of tire circumstances in determining whether probable cause exists to issue a search warrant, they must consider all of the circumstances then known to determine whether probable cause exists to conclude that a defendant’s use of force was unlawful. If such cause does not exist, immunity must be granted and, conversely, if it does exist, the matter must proceed.” Rodgers, 285 S.W.3d at 754-55 .”

   4 later decisions quote this exact passage · from the majority
   e.g. Presbyterian Church (U.S.A.) v. Edwards · State v. Ultreras

2. “Indeed, the only express indication of legislative intent is in KRS 503.085(2) which provides that immunity must be granted pre-arrest by the law enforcement agency investigating the crime unless there is “probable cause that the force used was unlawful.” Because the statute defines the “criminal prosecution” from which a defendant justifiably acting in self-defense is immune to be “arresting, detaining in custody and charging or prosecuting,” we can infer that the immunity determination is not confined to law enforcement personnel. Instead, the statute contemplates that the prosecutor and the courts may also be called upon to determine whether a particular defendant is entitled to KRS 503.085 immunity. Regardless of who is addressing the immunity claim, we infer from the statute that the controlling standard of proof remains “probable cause.” Thus, in order for the prosecutor to bring charges or seek an indictment, there must be probable cause to conclude that the force used by the defendant was not fully justified under the controlling provision or provisions of KRS Chapter 503. Similarly, once the matter is before a judge, if the defendant claims immunity the court must dismiss the case unless there is probable cause to conclude that the force used was not legally justified.”

   3 later decisions quote this exact passage · from the majority
   e.g. Commonwealth v. Bennett · Taylor v. Commonwealth

3. “Substantive amendments are those “which change and redefine the out-of-court rights, obligations and duties of persons in their transactions with others.” Commonwealth of Kentucky Department of Agriculture v. Vinson, 30 S.W.3d 162, 168 (Ky.2000). By contrast, procedural amendments — “[tjhose amendments which apply to the in-court procedures and remedies which are used in handling pending litigation” id. at 168-69 — are to be retroactively applied (assuming no separation-of-powers concerns) so that the proceedings “shall conform, so far as practicable, to the laws in force at the time of such proceedings.” ... This is consistent with our approach to substantive, procedural, and remedial civil statutes under KRS 446.080. That statute provides in part that “[tjhere shall be no difference in the construction of civil, penal and criminal statutes” and that “[n]o statute shall be construed to be retroactive, unless expressly so declared.” Pursuant to these provisions, we have held, substantive civil statutes are not to be applied retroactively unless the General Assembly expressly declares otherwise, while procedural and remedial statutes are to be so applied. Commonwealth of Kentucky Department of Agriculture [v. Vinson], supra; Peabody Coal Co. v. Gossett, 819 S.W.2d 33 (Ky.1991).”

   2 later decisions quote this exact passage · from the majority
   e.g. Scot E. Gaither v. Commonwealth of Kentucky · Moore v. Stills