Brown v. State’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Court instructs the Jury that if you find from the evidence in this case beyond a reasonable doubt, that the defendant, Dominic L. Gebben: 1. Passed a stopped school bus, and 2. That he knew, or should have known by the exercise of ordinary care that the school bus was letting off children to go to their homes, and 8. That his passing said school bus was a decision chosen/or made by the defendant and not caused by circumstances beyond his control, and 4. That at the time the defendant passed said bus, he knew that his braking system was not functioning properly, and 5. That as [a] direct and proximate result of the above actions of the defendant, Nathan Key was killed, and 6. That the above actions of the defendant was [sic] such that under the circumstances then and there existing evidences a wanton and reckless and willful disregard for human life, and the conscious and wanton and reckless disregard of the probabilities of fatal consequences to others as a direct result of the willful creation of an unreasonable risk thereof; then the defendant, Dominic L. Gebben, is guilty of Manslaughter by culpable negligence[,] and it is your sworn duty to so find.”

   1 later decision quote this exact passage · from the majority
   e.g. 108 So. 3d 956 - Gebben v. State

2. “She was talking to me, she was asking me was I going to be with her or what, you know, and I was like I wasn’t really just hearing what she was saying[,] so she pushed me in the back of the head. And when she pushed me in the back of the head, I seen [sic] the gun. I started laughing ‘cause I was looking at it like it was funny, you know. I’m like, know what I’m saying, and she’s like you going to be with me or you going to be with that “B” you know, ‘cause if I can’t have you[,] can’t nobody have you. I went to rubbing on her arm[,] and I grabbed her arm[,] and I come across her, you know, I come on top of her. I put her arm over her head. I made her drop the gun[,] and when she dropped the gun[,] I grabbed the gun[,] but I didn’t grab the handle of the gun. I had the part that turns or whatever. I was coming up with the gun, know what I’m saying[,] and she grabbed my arm. When she grabbed my arm[,] I snatched back from her[,] and the gun went off.”

   1 later decision quote this exact passage · from the majority
   e.g. 94 So. 3d 1232 - Laurent v. State

3. “Brown testified that, immediately prior to the shooting in the motel room, he was lying in the bed with his back to Bracey when he suddenly felt the barrel of a pistol pressing on the back of his head. In the heat of the moment, he acted in self-defense by attempting to wrestle the pistol from Bracey, but it accidently discharged. Through jury instruction D-l, Brown was trying to have the jury instructed, consistent with Section 97 — 3—17(b), that if the jury found, among other things, that while he was in possession of the gun, he, in the heat of passion during the altercation with Bracey, and without any deliberate design to cause Bracey’s death, accidently fired the fatal shot through misfortune, upon sudden and sufficient provocation (the unexpected tussle with Bracey over the gun), then the jury was to find him not guilty:”

   1 later decision quote this exact passage · from the majority
   e.g. 50 So. 3d 1004 - Lewis v. State