State v. Bernhardt’s Empirical Analysis

Citation profile

49 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Mere words or gestures, however offensive, do not constitute legally sufficient provocation.”

   5 later decisions quote this exact passage · from the majority
   e.g. State v. Campbell · State v. Gentry

2. “Premeditation means to have thought the matter over beforehand, in other words, to have formed the design or intent to kill before the act. Although there is no specific time period required for premeditation, the concept of premeditation requires more than the instantaneous, intentional act of taking another's life.”

   4 later decisions quote this exact passage · from the majority
   e.g. State v. Zongker · State v. Stanley

3. “'Premeditation does not have to be present before a fight, quarrel, or struggle begins. Premeditation is the time of reflection or deliberation. Premeditation does not necessarily mean that an act is planned, contrived, or schemed beforehand. "'Premeditation can be inferred from other circumstances including: (1) the nature of the weapon used, (2) the lack of provocation, (3) the defendant's conduct before and after the killing, (4) threats and declarations of the defendant before and during the occurrence, or (5) dealing of lethal blows after the deceased was felled and rendered helpless. "'Premeditation can occur during the middle of a violent episode, struggle, or fight.' .... "'Premeditation is the process of thinking about a proposed killing before engaging in homicidal conduct.'”

   3 later decisions quote this exact passage · from the dissent
   e.g. State v. Zongker · State v. Stanley