33 Cal. 4th 187 - People v. Cavitt’s Empirical Analysis

Citation profile

4 federal appellate · 75 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 91 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The purpose of the felony-murder rule is to deter those who commit the enumerated felonies from killing by holding them strictly responsible for any killing committed by a cofelon, whether intentional, negligent, or accidental, during the perpetration or attempted perpetration of the felony. [Citation.] `The Legislature has said in effect that this deterrent purpose outweighs the normal legislative policy of examining the individual state of mind of each person causing an unlawful killing to determine whether the killing was with or without malice, deliberate or accidental, and calibrating our treatment of the person accordingly. Once a person perpetrates or attempts to perpetrate one of the enumerated felonies, then in the judgment of the Legislature, he is no longer entitled to such fine judicial calibration, but will be deemed guilty of first degree murder for any homicide committed in the course thereof.'”

   2 later decisions quote this exact passage
   e.g. People v. Drew · 39 Cal. 4th 1141 - People v. Dominguez

2. “Once a person has embarked upon a course of conduct for one of the enumerated felonious purposes, he comes directly within a clear legislative warning-if a death results from his commission of that felony it will be first degree murder, regardless of the circumstances. [Citation.]”

   2 later decisions quote this exact passage
   e.g. 39 Cal. 4th 1141 - People v. Dominguez · 237 Cal. Rptr. 3d 610 - In re Bennett

3. “In order to prove this crime, each of the following elements must be proved: one, a human being was killed; two, the killing was unlawful; and three, the killing occurred during the commission or attempted commission of robbery or burglary. The unlawful killing of a human being, whether intentional, unintentionally or accidental, which occurs during the commission or as a direct causal result of robbery or burglary, is murder of the first degree when the perpetrator had the specific intent to commit that crime. The specific intent to commit robbery or burglary and the commission of such crime must be proved beyond a reasonable doubt. A killing is committed in the commission of a felony if the killing and the felony are part of one continuous transaction. There is no requirement that the homicide occur while committing or while engaged in the felony or that the killing be part of a felony other than that the two acts be part of one continuous transaction.”

   1 later decision quote this exact passage
   e.g. Cavitt v. Cullen