Larkin v. Wayne Prosecutor’s Empirical Analysis

Citation profile

2 district · 5 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In Roe v. Wade, the United States Supreme Court has held that the state has a compelling interest in the protection of human life from and after the point of viability.... “We hold that the word child as used in [this statute] means a viable child in the womb of its mother; that is, an unborn child whose heart is beating, who is experiencing electronically measurable brain waves, who is discernably-moving, and who is so far developed and matured as to be capable of surviving the trauma of birth with the aid of the usual medical care and facilities available in the community.””

   1 later decision quote this exact passage
   e.g. 59 Cal. App. 3d 751 - People v. Smith

2. ““The question of whether the deceased was a living human being at the time of an alleged homicide, like the cause of death itself, is a proper subject of adversary litigation. Scientific and lay evidence is admissible, and the jury can bring to its deliberations its experience in the ordinary affairs of life.... “[T]he burden is, of course, upon the People in a prosecution for manslaughter by abortion to prove beyond a reasonable doubt that the subject of the manslaughter was in fact a viable child ... ,” 2”

   1 later decision quote this exact passage
   e.g. 59 Cal. App. 3d 751 - People v. Smith

3. “is discussed and decided in [ Bricker ], decided this day.”

   1 later decision quote this exact passage
   e.g. 244 Mich. App. 429 - People v. Higuera