State v. Delestre’s Empirical Analysis
2012
Citation profile
8 state decisions
Relationships
Applies 21 U.S.C. § 848 (§ 408 of the Controlled Substances Act)
Relies on Morissette v. United States · Sandstrom v. Montana · Sullivan v. Louisiana · United States v. United States Gypsum Co. · Schad v. Arizona
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Malice may manifest itself in different ways. An act is committed with malice when it is committed with rash disregard for the life of another, or with an unjustified disregard for the probability of death or great bodily harm. Malice may also be proved by circumstances that demonstrate the extreme indifference to the sanctity of human life. Finally, malice may be implied or inferred from all the surrounding circumstances, including the manner and means by which death was brought about.””
1 later decision quote this exact passage · from the concurrencee.g. State v. Diaz“In conducting that review, 'it is our role to examine the instructions in their entirety to ascertain the manner in which a jury of ordinary intelligent lay people would have understood them * * *.' " Id. (quoting State v. John , 881 A.2d 920 , 929 (R.I. 2005) ). As we have explained, we "will not examine a single sentence apart from the rest of the instructions, but rather the challenged portions must be examined in the context in which they were rendered.”
1 later decision quote this exact passage“"Every person who shall aid, assist, abet, counsel, hire, command, or procure another to commit any crime or offense, shall be proceeded against as principal or as an accessory before the fact, according to the nature of the offense committed, and upon conviction shall suffer the like punishment as the principal offender is subject to by this title."”
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.