Menard v. State’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is reasonable to infer that a person ordinarily intends the natural and probable consequences of acts knowingly done or knowingly omitted. So unless the contrary appears from the evidence, the jury may draw the inference that the accused intended all the consequences which one standing in like circumstances and possessing like knowledge should reasonably have expected to result from any act knowingly done or knowingly omitted by the accused.””

   8 later decisions quote this exact passage
   e.g. Doisher v. State · 94 Wis. 2d 450 - Muller v. State

2. “‘An assault is any unlawful physical force, partly or fully put in motion, creating a reasonable apprehension of immediate physical injury to a human being; as raising a cane to strike him, pointing in a threatening manner a loaded gun at him, and the like.’ Or, more tersely, an assault is thus defined by Wharton: ‘An assault is an intentional attempt to do an injury to another.’”

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

3. “We are persuaded by the extensive criticism which this instruction has evoked. We hold that the giving of the Mann instruction is error, and we admonish Alaska trial courts to cease using it. Like the Fifth Circuit, however, we decline to hold that this error will always be deemed reversible. 4”

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