State v. Elliott’s Empirical Analysis
1996
Citation profile
86 state decisions
How this case has been cited
Cited by 86 later decisions — most recently August 2013 · most notably State v. Braxton (2000), State v. Trull (1998)
86 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 Blockburger v. United States · Estelle v. McGuire · Caldwell v. Mississippi · Missouri v. Hunter · Morgan v. Illinois
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 86 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“THE COURT: Addressing the proposed verdict sheet, my ah ... I would suggest the verdict be guilty of first degree murder or not guilty. MR. GURLEY: Yes, sir. MS. BEDFORD: Yes, sir. THE COURT: Does anyone want to be heard or request any other verdict? MR. GURLEY Um ... your Honor, I... I -1 guess the Court could consider a lesser included, but again, it’s up to the Court. THE COURT: State? MS. BEDFORD: Your Honor, the State has considered that ... it is possible that the evidence might have shown second degree. That would be up to your judgment. THE COURT: As I recall the evidence is - evidence in the light most favorable to the State, which the Defendant denies, but is not negating the evidence except to the extent he’s not the one that committed the crime. MR. GURLEY: Right. THE COURT: Is that a shooter came around behind the victim and the victim fell dead with crack cocaine apparently in his hand, nothing else being shown. There were multiple shots, and the Medical Examiner, Examiner Dr. Butts indicated that most of the shots, if not all of the shots, were entry wounds in the back. No weapon being found on the ah - the victim. I mean to me it’s either - I’ll hear from you, but it looks like it’s either first or nothing. MS. BEDFORD: Okay. Your Honor, that sounds good. MR. GURLEY: I ask the Court to consider to reconsider the motion, but yeah, I understand what the Court is thinking. THE COURT: All right. First degree - guilty of first degree - by unanimous verdict guilty o”
2 later decisions quote this exact passage“[Premeditation means that the act was thought out beforehand for some length of time, however short, but no particular amount of time is necessary for the mental process of premeditation. Deliberation means an intent to kill, carried out in a cool state of blood, in furtherance of a fixed design for revenge or to accomplish an unlawful purpose and not under the influence of a violent passion, suddenly aroused by lawful or just cause or legal provocation.”
2 later decisions quote this exact passage“In order to sustain a conviction for felonious child abuse, the State must prove that “the accused is ‘a parent or any other person providing care to or supervision of a child less than 16 years of age’ and that the accused intentionally inflicted a serious physical injury upon the child or intentionally committed an assault resulting in a serious physical injury to the child.””
2 later decisions 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.