State v. Kee’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Conduct which the actor believes to be necessary to avoid imminent physical harm to himself or another is justifiable if the desirability and urgency of avoiding such harm outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the statute defining the crime charged ...”

   2 later decisions quote this exact passage
   e.g. State v. Moore · State v. Knowles

2. “Defendant misreads the “competing harms” statutory provision. That defense is not in play merely because a defendant subjectively believes that a threat of imminent physical harm to person or property exists; it is further requisite that it be shown as a fact that such physical harm is imminently threatened. If, here, defendant confronted circumstances which in fact threatened “imminent physical harm to himself or another”, defendant’s contention would be correct that his subjective belief as to the particular course of conduct “necessary” to prevent the occurrence of that physical harm would not be open to further question on grounds of whether it met ordinary standards of reasonableness.”

   1 later decision quote this exact passage
   e.g. State v. Nadeau

3. “[bjecause it is a defense, 17-A M.R.S.A. §§ 101,103, the “competing harms” justification does not become eligible for consideration by the fact-finder unless and until defendant meets the burden of ensuring the presence of evidence (whether coming from the State or defendant) sufficient to raise a reasonable doubt as to each of the elements of the defense.”

   1 later decision quote this exact passage
   e.g. State v. Brasslett