Schmuck v. State’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[h]eat of passion means such passion as naturally would be aroused in the mind of an ordinarily reasonable person in the same or similar circumstances as those in question which would cause him to act rashly, without reflection or deliberation, and from passion rather than from judgment. The heat of passion must arouse suddenly, and the act resulting in death must occur while the Defendant was acting under the direct and immediate influence of such heat of passion, and before sufficient time has elapsed to permit the heat of passion to cool.”

   2 later decisions quote this exact passage
   e.g. Sindelar v. State · Farrow v. State

2. “[t]he term 'maliciously' means that the act constituting the offense was done intentionally but without premeditation, was reasonably likely to result in death and was done recklessly under circumstances manifesting an extreme indifference to the value of human life, and was done without legal justification or excuse.”

   2 later decisions quote this exact passage
   e.g. Sindelar v. State · Widdison v. State

3. “did not require a trial court to define 'recklessly' to the jury and stated that our formulation of heightened recklessness adequately distinguishes second-degree murder from manslaughter.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Sindelar v. State · Widdison v. State