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← 328 NW2D 254 - Graham v. State

Graham v. State’s Empirical Analysis

1982

Citation profile

27
cited by 27 later decisions
1
states following
September 2014
most recently cited

27 state decisions

How this case has been cited

Cited by 27 later decisions — most recently September 2014 · most notably Miller v. Hernandez (1994), Corbly v. Matheson (1983)

27 state decisions

1801982199020002010decided

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 Shaffer v. Honeywell, Inc. · State v. Stumes · People v. Monaco · State v. Lange · State v. Hartley

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

  1. ““Heat of passion” is distinguished from premeditation and defined as an intent “formed suddenly, under the influence of some violent emotion, which for the instant overwhelmed the reason of the slayer.” State v. Edmunds, 20 S.D. 135 , 104 N.W. 1115, 1116 (1905). Thus appellant’s guilty plea must be supported by facts in the arraignment record showing that he committed the crime with the above-described state of mind. There must also be an on-the-record factual basis supporting the charge that the homicide was committed in a cruel and unusual manner, i.e., a “shocking or barbaric” manner, “sufficiently unique in ferocity, duration and manner of accomplishment.” State v. Lange, 82 S.D. 666 , 152 N.W.2d 635, 639 (1967); State v. Stumes, 90 S.D. 382 , 241 N.W.2d 587 (1976).”
    2 later decisions quote this exact passage
  2. “SDCL 15-26A-60(4) and (6) require that appellant's brief contain a concise statement of the legal issues, related argument and citation of authorities supporting the argument... Appellant's failure to comply with SDCL 15-26A-60 is a waiver of all issues not raised, briefed and argued.”
    1 later decision quote this exact passage
  3. “[a]n assignment of error not briefed and argued is deemed abandoned.”
    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.