41 Kan. App. 2d 866 - State v. Deal’s Empirical Analysis

Citation profile

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

1. ““Contrary to Deal’s argument, there was nothing to mislead the jury that Deal did not have the right to fight back in self-defense. Moreover, the State never argued to the jury that Deal did not have a right to defend himself from Irvin’s blows. “The problem diat Deal faces on this issue is that the evidence was overwhelming tiiat his brutal beating of Irvin was not done in self-defense. While arguably Deal’s first blow to Irvin might have been done in self-defense, the rest of die blows to Irvin could not be justified as such. When Deal was able to wrestíe the tire tool away from Irvin, he had control of the only weapon tiiat had been used on him. Deal himself admitted to the officers that he felt he was defending himself when he hit Irvin the first tíme and tiiat he struck out of anger when he hit Irvin the second time. Moreover, there was no evidence that Deal had suffered major injury during the incident sufficient to warrant the brutal beating that Irvin received.” Deal, 41 Kan. App. 2d at 883 .”

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

2. ““Although Deal’s statements indicated that he did not intend to kill Irvin, his use of a tire tool to brutally beat Irvin establishes that he had the intent to severely injure him. Deal’s conduct of striking Irvin in the head (a vital area of a person’s body) with a tire tool after having taken it away from Irvin showed that Deal had intended to severely injure Irvin. Hence, Deal’s actions furnished the extreme recklessness towards human life required for the crime of unintentional second-degree murder.” Deal, 41 Kan. App. 2d at 875 .”

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

3. ““Depraved-heart [unintentional but reckless second-degree] murder includes extremely recldess killings and killings resulting from actions which were intended to inflict serious bodily injury. [Citation omitted.] Examples of depraved heart murder include: (1) killing a child while target shooting at school windows during school hours; and (2) killing a person while beating him with a baseball bat with intent to severely injure him.” (Emphasis added.) 41 Kan. L. Rev., Crim. Proc. Ed. at 78.”

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