State v. Fetzik’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[0]ne may defend oneself whenever one reasonably believes that he or she is in imminent danger of bodily harm at the hands of another. Such a person, having the fear, need not wait for the other to strike the first blow. However, such a person must use only such force as is reasonably necessary for his own protection. The permissible degree of force used in defense of oneself varies with the particular set of circumstances in which he or she acts * * *. It is clear then that the ‘very essence of the defense of self-defense is how the defendant perceived the situation at the time of incident in question.’ ” State v. Fetzik, 577 A.2d 990, 993 (R.I.1990) (quoting State v. D’Amario, 568 A.2d at 1385 ).”

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

2. ““[although the instruction was technically late, the. trial justice appears to have had an adequate opportunity- to consider this instruction. The requested instruction was one that could easily have been included with those that were given. * * * The time limit was intended to promote the orderly conduct of a trial. It was never intended to be an unalterable condition'in the face of an otherwise meritorious request for an instruction that was of considerable importance to a deféndant.” Id.”

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