State v. Diaz’s Empirical Analysis

Citation profile

1 district · 3 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The first theory involves those killings in which the defendant formed a momentary intent to kill contemporaneous with the homicide. * * * The second theory includes felony murder for inherently dangerous felonies that are not expressly listed within the statutory definition of first-degree murder. * * * The third theory of second-degree murder involves those killings in which the defendant killed with wanton recklessness or conscious disregard for the possibility of death or of great bodily harm." Id. (internal quotation marks omitted).”

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

2. “"Generally speaking, manslaughter is the unlawful but unintentional killing of a human being without malice or premeditation. A person who recklessly does an act that results in the death of another human being is guilty of manslaughter even though he did not contemplate such a result. Nothing more is required than an intentional doing of an act which, by reason of its wanton or reckless character, exposes another person to injury, and causes injury or death." Diaz , 46 A.3d at 863 .”

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

3. “between the terms 'wanton or reckless character’ and ‘wanton recklessness’ (as a theory of second-degree murder).” Id. at 866 . This suggests that the Rhode Island Supreme Court does endorse a distinction between”

   1 later decision quote this exact passage
   e.g. 221 F. Supp. 3d 210 - United States v. Sabetta