State v. Deal’s Empirical Analysis
2012
Citation profile
43
cited by 43 later decisions
1
states following
November 2024
most recently cited
43 state decisions
Relationships
Relies on Apprendi v. New Jersey · Cunningham v. California · State v. Ivory · State v. McCaslin · State v. Johnson
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If you do not agree that the defendant is guilty of Murder in the Second Degree, committed Intentionally, you should then consider the lesser included offense of Murder in the Second Degree, committed Unintentionally. "To establish this charge, each of the following claims must be proved: * "1. The defendant killed Levi William Bishop unintentionally but recklessly under circumstances that show extreme indifference to the value of human life . "2. This act occurred on or about the 1st day of January, 2014, in Pottawatomie County, Kansas. "A defendant acts recklessly when the defendant consciously disregards a substantial and unjustifiable risk that a result of the defendant's actions will follow. This act by the defendant disregarding the risk must be a gross deviation from the standard of care a reasonable person would use in the same situation.”
3 later decisions quote this exact passage · from the majoritye.g. State v. Gonzalez · State v. Gentry“Reckless conduct is conduct done under circumstances that show a realization of the imminence of danger to the person of another and a conscious and unjustifiable disregard of that danger. The term * 'gross negligence' ... [is] included within the term 'recklessness' as used in this code.”
1 later decision quote this exact passage · from the concurrencee.g. State v. Gonzalez“blind conduct, while one form of reckless conduct, is not the only type of conduct that can be reckless; even an intentional blow can result in an unintentional but reckless killing.”
1 later decision quote this exact passage · from the concurrencee.g. State v. James
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.