State v. Wade’s Empirical Analysis

Citation profile

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

1. “... If the two statutes are considered together and each given its intended effect, we see no such conflict. It will be noted that under Sec. 201 an act may be criminal homicide if done "intentionally, knowingly, recklessly or with criminal negligence" in the disjunctive, and therefore does not necessarily require criminal negligence. In the cases referred to we have expressed our opinion that one who knowingly undertakes to drive a motor vehicle upon a public highway while he is intoxicated is acting recklessly and in disregard of the rights and safety of others; [citing cases] and that when this reckless conduct is combined with any negligence which causes the death of another, that constitutes automobile homicide under the provisions of Sec. 207(1) above quoted. We reaffirm that position and reject the urgence on defendant's behalf that those cases should be overruled. [All emphasis herein is added.]”

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

2. “A finding of criminal negligence cannot be based upon a finding that the defendant is under the influence of an intoxicating liquor and undertakes to drive a motor vehicle, even if the defendant commits a negligent act or violates a traffic rule or ordinance. [Defendant’s requested instruction No. 4.] You will note in these instructions that “driving while under the influence of alcohol to a degree which renders the actor incapable of safely driving a vehicle” is one element of the offense charged and that criminal negligence is another separate element. A finding that defendant was under the influence of alcohol at the time of the accident does not warrant a finding that he necessarily operated his vehicle in a criminally negligent manner. [Defendant’s requested instruction No. 6.]”

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

3. “intentionally, knowingly, recklessly or with criminal negligence”

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