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← 38 DEL 24 - State v. Phillips

State v. Phillips’s Empirical Analysis

1936

Citation profile

16
cited by 16 later decisions
5
states following
March 1999
most recently cited

15 state decisions

How this case has been cited

Cited by 16 later decisions — most recently March 1999

15 state decisions

901936194019501960197019801990decided

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 Jones v. State · Watts v. State · People v. . Tomlins · State v. Mills · State v. Becker

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

  1. ““We can see no more reason why one should retreat from his own house when attacked by a co-tenant or joint occupant than when attacked by a trespasser or intruder. If the house is the home of the person attacked it is his natural place of refuge, and if he is required to retreat therefrom or to flee when attacked by another occupant, the question arises at once, Where shall he flee, and how far shall he flee, and when may he be permitted to return? If he is a lawful occupant, he has the right to remain in the house, and that right is not lessened or destroyed by the fact that he enjoys his right in common with another or with others. So where a person lawfully makes his home in a house, having the status of a lawful occupant, and is violently attacked by another occupant, in circumstances showing an imminence of death or of great bodily harm, he is no more obliged to retreat or flee from the house than in the case where one in his own house is attacked by an intruder. See Jones v State, 76 Ala 8; Note, 47 ALR 421 ; People v Tomlins, 213 NY 240 , 107 NE 496 , Ann Cas 1916C, 916; Watts v State, 177 Ala 24, 59 So 270; 30 CJ 72.” [Emphasis supplied.]”
    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.