Fennell v. State’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““You are instructed that in determining the existence of real or apparent danger, it is your duty to consider all of the facts and circumstances in the case in evidence before you and consider the words, acts and conduct, if any, of Glent Charles Ray at the time of and prior to the time of the alleged stabbing and consider whatever threats, if any, the said Glent Charles Ray may have made to the defendant, and consider any difficulty or difficulties which the said Glent Charles Ray had had with the defendant, and in considering such circumstances, you should place yourselves in the defendant’s position at that time and view them from his standpoint alone. “Now, if you find from the evidence beyond a reasonable doubt that the defendant, did knowingly cause the death of Glent Charles Ray by cutting and stabbing him with a knife but you further find from the evidence that, viewed from the standpoint of the defendant at the time, from the words or conduct, or both, of Glent Charles Ray it reasonably appeared to him that his life or person was in danger and there was created in his mind a reasonable expectation or fear of death or serious bodily injury from the use of unlawful deadly force at the hands of Glent Charles Ray and that acting under such apprehension and reasonable belief that the use of deadly force on his part was immediately necessary to protect himself against Glent Charles Ray use or attempted use of unlawful deadly force, he cut and stabbed the said Glent Charles”

   2 later decisions quote this exact passage
   e.g. Bueno v. State · Thomas v. State

2. ““We are reinforced in our opinion by virtue of the trial court’s refusal to respond to appellant’s timely presented special requested charge to the effect that the intoxication or drinking of the deceased would not excuse his attack upon appellant or take from the appellant his right of self-defense. “It may not have been reversible error to have refused such a charge had the appellant been given an adequate, comprehensive, complete and unrestricted instruction on self-defense, but that, of course was not done as observed earlier. [Citations omitted] The court’s charge as a whole did not fairly and adequately protect the rights of the appellant.” 1”

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

3. “It has been the consistent holding of this Court . .. that a case will not be reversed on appeal because of an error in the charge of the court to which no objection was made, unless the error was calculated to injure the rights of the defendant or unless it appears that he has not had a fair and impartial trial.”

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