Mannix v. Phillips’s Empirical Analysis

Citation profile

1 federal appellate ·

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

1. “A person is guilty of depraved indifference murder in the second degree when, under circumstances evincing a depraved indifference to human life, he recklessly creates a grave and unjustifiable risk of death to another person and thereby causes that person’s death. A grave risk of death means a very substantial, very great risk of death. A person acts recklessly regarding a grave and unjustifiable risk of death when he is aware of and consciously disregards a very substantial and unjustifiable risk that death will result from his actions. The risk must be of such [a] nature and degree that the defendant’s disregard of it was a gross deviation, meaning a very great, flagrant, obvious departure from the standard of conduct that a reasonable person would have followed in the same situation. Although this charge is called murder, it does not require proof of the defendant’s intent to kill or even intent to murder anyone. In depraved indifference murder, taking the place of an intent to kill are the defendant’s creation of a very great and unjustifiable risk of death, plus his reckless state of mind regarding that risk, plus circumstances evincing a depraved indifference to human life.”

   1 later decision quote this exact passage · from the majority
   e.g. Mannix v. Phillips