State v. Cipriano’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[I]n order for the State in this case to be entitled to your verdict of guilty on the charge of first-degree murder, it must prove to you beyond a reasonable doubt the following three facts: One, that on November 28th, 1992, in North Smithfield, [Trevor Ramella] was killed by the willful, deliberate, and premeditated intentional act of Steven Parkhurst; that the willful, deliberate, intentional, and premeditated intention to kill was for more than of momentary duration, and three, that at the time, Steven Parkhurst was not so intoxicated as to be unable to harbor or form the required specific premeditation, intention, and malice to kill Trevor Ramella. “With regard to the crime of second-degree murder, the State must prove beyond a reasonable doubt two facts: One, that Steven Parkhurst intentionally, unlawfully killed Trevor Ramella on November 28th, 1992, in North Smithfield, with malice aforethought of less than of momentary duration; and two, that at the time, Steven Parkhurst was not so intoxicated as to be unable to harbor or form the required malice aforethought to kill Trevor Ramella. “Now, in the event that you should find that the State has failed to prove to you beyond a reasonable doubt, either the charge of murder in the first degree or murder in the second degree,, you may then take up and consider whether or not the killing of Trevor Ramella, if done by the defendant, Steven Parkhurst, amount ed to what in law is referred to as the crime of voluntary manslaught”

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

2. ““So in this case what this all boils down to is if you find that the State has proved beyond a reasonable doubt that the defendant had a conscious design and intent to kill Dennis Fontaine for more than a mere moment, and he aided or assisted or abetted Brian Fernandes in killing Fontaine, then your verdict should be guilty of murder in the first degree. Or if you find that the State has proved beyond a reasonable doubt that the defendant had a conscious design or intent to kill Dennis Fontaine for but a mere moment and he aided or assisted or abetted Fernandes in killing Fontaine, then your verdict should be guilty of second degree murder. Or, if you find that the defendant did not have a conscious design or intent to kill Fontaine, but nevertheless he aided or assisted or abetted Fernandes in killing Fontaine, then your verdict should be guilty of manslaughter. If you find that the State has failed to prove beyond a reasonable doubt all these elements that I have indicated; aiding or abetting or assisting, and the other elements of the crime, then of course your verdict should be not guilty.” (Emphasis added.)”

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

3. ““Conviction of lower offense or attempt. — Whenever any person is tried upon an indictment, information, or complaint and the court or jury, as the case may be, shall not be satisfied that he is guilty of the whole offense, but shall be satisfied that he is guilty of so much thereof as shall substantially amount to an offense of a lower nature, or that the defendant did not complete the offense charged, but that he was guilty only of an attempt to commit the same, the court or jury may find him guilty of such lower offense or guilty of an attempt to commit the same, as the case may be, and the court shall proceed to sentence such person for the offense of which he shall be so found guilty, notwithstanding that such court had not otherwise jurisdiction of such offense.””

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