State v. Herbin’s Empirical Analysis
1979
Citation profile
4 federal appellate · 50 state decisions
How this case has been cited
Cited by 56 later decisions — most recently October 2017 · most notably State v. Gardner (1984), State v. Shane (1982)
4 federal appellate · 50 state decisions
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.
Relationships
Relies on Hankerson v. North Carolina · Roberts v. Florida · Johnson v. United States · Beal v. Franklin · State v. Williams
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Finally, if the State has failed to satisfy you beyond a reasonable doubt, first, that Leroy Benton, Jr. did not reasonably believe under the circumstances as they existed at the time of the killing that he was about to suffer death or serious bodily injury at the hands of Robert Henry Eller; and second, that Leroy Benton, Jr. used more force than reasonably appeared to him to be necessary; and third, that Leroy Benton, Jr. was the aggressor, then the killing of Robert Henry Eller by Leroy Benton, Jr. would be justified on the grounds of self-defense, and it would be your duty to return a verdict of not guilty.”
1 later decision quote this exact passagee.g. State v. Benton“whether the State has presented substantial evidence which, when taken in the light most favorable to the State, would be sufficient to convince a rational trier of fact that the defendant did not act in self-defense.”
1 later decision quote this exact passage“When the defendant does not request such a limiting instruction, it is not reversible error on appeal if the limiting instruction is not given.”
1 later decision quote this exact passagee.g. State v. Sellers
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.