State v. Jackson’s Empirical Analysis

Citation profile

2 federal appellate · 37 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Wjhere the evidence is conflicting or of such a character that different inferences might reasonably be drawn therefrom, it is generally a question of fact for the jury to determine whether the accused acted in self-defense * * *.”

   6 later decisions quote this exact passage
   e.g. State v. Thornton · State v. Neel

2. “Generally, to support a plea of self defense there must be 1) an absence of aggression or provocation on the part of the slayer . . . ; 2) there must be the presence of real or apparently real necessity to kill in order to save oneself . ; 3) reasonable cause must exist for belief of such necessity . . . ; and 4) the slayer must have done everything in his power consistent with his own safety to avoid the danger and avert the necessity, and he must retreat, if retreat be practicable . . . [citations omitted.]”

   1 later decision quote this exact passage
   e.g. 451 F. Supp. 576 - Young v. Wyrick

3. “Questioning a juror in open court as to his decision need not be “inherently” coercive as defendant maintains; a distinction must be drawn between questioning a juror to alleviate some element of confusion and an attempt to compel a juror to change his or her vote or to coerce a unanimous verdict. Amos v. United States, 496 F.2d 1269, 1273 [3] (8th Cir. 1974); United States v. Edwards, 469 F.2d 1362, 1367 [7] (5th Cir.1972); Williams v. United States, [ 419 F.2d 740 ] supra, at 746[6, 7].”

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