52 Ohio St. 2d 206 - State v. Toth’s Empirical Analysis

Citation profile

2 federal appellate · 60 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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Upon entering the bar, Patricia left the group to go to the restroom, and upon rejoining her friends, saw the appellant sitting at the bar next to Terri. The girls left the bar around 10:30 p. m. because the appellant was bothering Terri. The girls then set out by car to the Rock Palace, located about one mile away from the Toy Box Bar, only to again encounter the appellant. While Kathy and Patricia were standing near the juke box, the defendant was seen approaching Terri, who continued to ignore him. The girls thereupon left the Rock Palace and returned to the Toy Box Bar. They arrived there around 1:00 a. m. on the morning of June 5, 1975. Meanwhile, shortly before 1:00 a. m. that same morning, Orin G. Noyes saw the appellant trying to repair his car on the corner of the parking lot next to the Rock Palace and the main road. Noyes, in assisting the appellant, found that the car’s headlights were connected to the wrong terminals, and repaired them. Noyes heard the appellant say that he would “waste” those responsible for “messing” with his headlights. The appellant then returned to the Toy Box Bar and began to argue with the three girls concerning his headlights. Patricia denied that the girls did anything to his car, and asked that the appellant leave them alone. Shortly thereafter, the appellant reached into his pants and pulled out a gun. The gun fell to the floor. The appellant picked up the gun, fired and missed. He then grabbed Patricia by the hair, held the gun to her”

   1 later decision quote this exact passage · from the majority
   e.g. 296 F. Supp. 2d 784 - Taylor v. Mitchell

2. ““Intoxication is not an exbuse for the commission of an offense; however, such evidence is admissible for the purpose of showing that the defendant was so intoxicated that he was incapable of having the knowledge to commit the offense of felonious assault. “If you find that the State of Ohio failed to prove beyond a reasonable doubt that the defendant had the knowledge to commit the offense of felonious assault, then you must find the defendant not guilty.””

   1 later decision quote this exact passage · from the majority
   e.g. 7 Ohio App. 3d 17 - State v. Norman

3. “momentary deliberation, or acts done on the spur of the moment, are [not] sufficient to demonstrate premeditated murder”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Miller