Lambert v. Commonwealth’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"It is of course intended that real meaning be given the word wanton in the definition of involuntary manslaughter in the first degree for otherwise the purpose of adding it to the customary definition of involuntary manslaughter would be defeated. For example, it is not intended that it be interpreted synonymous with "reckless," the word used in defining involuntary manslaughter in the second degree. The two words are not synonyms, although sometimes carelessly and loosely used as such, as in the current definition of negligent voluntary manslaughter in Kentucky. One of the most satisfactory definitions of wantonness is found in the dictionary where it is defined as `arrogant recklessness.' Recklessness is the word that is most commonly used in describing the behavior required for the negligent involuntary manslaughter. The addition of the adjective `arrogant' is indicative of the `still higher degree' of danger and `depraved mind' commonly required in other jurisdictions for murder. It is intended that the use of the phrase `wanton indifference to the value of human life' in the definition of involuntary manslaughter in the first degree shall serve to bring those cases which would be negligent murder in other jurisdictions, and which are presently negligent voluntary manslaughter in Kentucky, into the coverage of the involuntary manslaughter in the first degree provision recommended in the proposed act." [1]”

   3 later decisions quote this exact passage
   e.g. Fugate v. Commonwealth · Shanks v. Commonwealth

2. “"The words do not have a generally accepted and clear-cut meaning. Some indication of their vagueness may be found in the fact that in `Words and Phrases,' about seventy-two pages are necessary to summarize the cases dealing with the definitions of `wanton'; `reckless' consumes about forty-six pages. It is plain from the wording of KRS 435.022 that the legislature had in mind two degrees of punishment for separate and distinct acts: one was made felony, and the other misdemeanor. We are required, therefore, to give definitions for two words as used in this statute. A wanton act is a wrongful act done on purpose in complete disregard of the rights of others. The actor must have conscious knowledge of the probable consequences and a complete disregard for them. Reckless conduct displays an indifference to the rights of others and an indifference as to whether wrong or injury will result from the act done. Recklessness involves thoughtlessness while wanton conduct involves actual knowledge of the probable result and complete disregard for those results."”

   2 later decisions quote this exact passage
   e.g. Fugate v. Commonwealth · Cody v. Commonwealth

3. ““But where the killing is done in such manner and under such circumstances as to exclude the idea that it was not intended to kill, the crime falls under the definition of murder or of voluntary manslaughter, as the case may be, and no instruction on the subject of involuntary manslaughter should be given.” Citations omitted.”

   1 later decision quote this exact passage
   e.g. Shanks v. Commonwealth