State v. Stanley’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]t requires a period, however brief, of thoughtful, conscious reflection and pondering— done before the final act of killing—that is sufficient to allow the actor to change his or her mind and abandon his or her previous impulsive intentions.”

   4 later decisions quote this exact passage
   e.g. State v. Hilyard · State v. Z.M.

2. “both a temporal element (time) and a cognitive element (consideration).”

   3 later decisions quote this exact passage · from the dissent
   e.g. State v. Z.M. · State v. Coleman

3. “'Premeditation does not have to be present before a fight, quarrel, or struggle begins. Premeditation is the time of reflection or deliberation. Premeditation does not necessarily mean that an act is planned, 12 contrived or schemed beforehand. . . . Premeditation can occur during the middle of a violent episode, struggle or fight.'”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Hilyard · State v. Hollins