State v. Malaski’s Empirical Analysis

Citation profile

45 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “plain error affecting substantial rights”

   2 later decisions quote this exact passage
   e.g. State v. White · State v. Schmitz

2. “SELF DEFENSE — CAUSING DEATH No crime is committed when a person takes the life of another person, even intentionally (1) if defendant’s action is taken in resisting or preventing an offense which defendant reasonably believes exposes defendant (or another) to death or great bodily harm. (2) if defendant's action is taken in preventing the commission of the felony of_ in defendant’s place of abode. In order for a killing to be justified for (this) (these) reason(s) three conditions must be met. First, the killing must have been done in the belief that it was necessary to avert death or great bodily harm. Second, the judgment of defendant as to the gravity of the peril to which (he) (she) (or another) was exposed must have been reasonable under the circumstances. Third, defendant’s election to defend must have been such as a reasonable person would have made in fight of the danger perceived and the existence of any alternative way of avoiding the peril. All three conditions must be met, but the state has the burden of proving beyond a reasonable doubt that the defendant did not act in self-defense.”

   1 later decision quote this exact passage
   e.g. State v. Robinson

3. “election to defend himself in the way he did”

   1 later decision quote this exact passage
   e.g. State v. Sanders