431 So. 2d 1340 - Ex Parte McCormack’s Empirical Analysis

Citation profile

14 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The evidence in this case, even when viewed in the light most favorable to the prosecution, reveals that the defendant's acts and omissions were specifically directed at a particular victim and no other. "The State presented no evidence that the defendant engaged in conduct `under circumstances manifesting extreme indifference to human life' for, while the defendant's conduct did indeed evidence an extreme indifference to the life of her child, there was nothing to show that the conduct displayed an extreme indifference to human life generally. Although the defendant's conduct created a grave risk of death to another and thereby caused the death of that person, the acts of the defendant were aimed at the particular victim and, no other. Not only did the defendant's conduct create a grave risk of death to only her daughter and no other, but the defendant's actions (or inactions) were directed specifically against the young infant. F. Wharton, The Law of Homicide (3rd ed. 1907) at Section 129. This evidence does not support a conviction of murder as charged under Section 13A-6-2 (a)(2)."”

   2 later decisions quote this exact passage
   e.g. Dunaway v. State · Killingsworth v. State

2. “"I'd like to now charge you as to the specific law dealing with the specific offense that we're here for, that's raised in this indictment. The offense that's raised in this two count indictment states the elements of murder and I'd like to tell you and charge you as to the applicable law of the offense of murder. A person commits the crime of murder one, if he causes the death of another person and in performing the act or acts which caused the death of that person, he or she intends to kill that person or if under circumstances manifesting extreme indifference to human life he recklessly engages in conduct which creates a grave risk of death to a person other than himself and thereby causes the death of another person. So to sustain the charge of murder in this case, the State by the evidence must prove beyond a reasonable doubt each of the following elements of the crime. First, that Beth Marie Jenkins, the alleged victim in this case, is dead. Secondly, that the Defendant, Suzie Nell Hutto, caused the death of Beth Marie Jenkins, that is that she died as a result of the reckless operation of a motor vehicle by the Defendant. And thirdly, that in committing the acts which caused the death of Beth Marie Jenkins, the Defendant acted with intent or thirdly, that under the circumstances manifesting extreme indifference to human life, the Defendant acted recklessly in engaging in conduct which created a grave risk of death to a person other than herself and which in fact caused”

   1 later decision quote this exact passage
   e.g. 465 So. 2d 1211 - Hutto v. State

3. “by definition, does not address itself to the life of the victim, but to human life generally.' People By And Through Russel v. District Court For Fourth Judicial District , 185 Colo. 78 , 521 P.2d 1254 , 1256 (1974).”

   1 later decision quote this exact passage
   e.g. 448 So. 2d 404 - Ex Parte Washington