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← 294 Or. 630 - State v. Boone

State v. Boone’s Empirical Analysis

1983

Citation profile

16
cited by 16 later decisions
3
states following
October 2014
most recently cited

6 federal appellate · 10 state decisions

How this case has been cited

Cited by 16 later decisions — most recently October 2014

6 federal appellate · 10 state decisions

601983199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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

  1. “as used in the Code to ascertain legislative intent. Our discussion noted that, under the Model Penal Code's definition of murder, malice requires a special character of recklessness demonstrating extreme indifference to the value of human life: In discussing the term”
    2 later decisions quote this exact passage
  2. “In discussing the term "recklessly under cireumstances manifesting extreme indifference to the value of human life," the Commentary to the Model Penal Code states that this is a "special character" of recklessness required to elevate assault or battery to aggravated assault or battery and is adopted from the definition of murder found in Section 210.2(1)(b) of the Code. § 211.1(@)(a) emt. 4, at 189. That discussion states that criminal homicide constitutes murder when it is committed "recklessly under cireumstances manifesting extreme indifference to the value of human life." § 210.2(1)(b) erat. 4, at 21. That Commentary goes on to state that this term is intended to reflect the judgment that there is a kind of reckless homicide that cannot fairly be distinguished in grading terms from homicides committed purposely or knowingly. Id. Stating that conduct amounting to a "gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation" is "ordinary recklessness" that would justify a manslaughter conviction, the Commentary observes that [in a prosecution for murder, however, the Code calls for the further judgment whether the actor's conscious disregard of the risk, under the cireumstances, manifests extreme indifference to the value of human life. The significance of purpose or knowledge as a standard of culpability is that, cases of provocation or other mitigation apart, purposeful or knowing homicide demonstrates precisely such ind”
    1 later decision quote this exact passage
  3. “criminal homicide ... committed recklessly under circumstances manifesting extreme indifference to the value of human life....”
    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.