Brown v. State’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"These cases suggest that fundamental error results 1) when the jury instructions on attempted murder completely fail to refer to the element of intent to kill; and 2) when the instructions leave the impression that intent to engage in the conduct leading to the risk of death alone is sufficient to convict on a charge of attempted murder. On the other hand, instructions which imperfectly instruct on the element of intent to kill but which do not affirmatively mislead the jury are erroneous but not fundamental error, and are therefore subject to waiver. An instruction which refers to the element of intent by stating that the defendant must 'attempt to kill, rather than 'intend to kill, the victim appears to be an example of an imperfect but not fundamentally erroneous instruction."”

   3 later decisions quote this exact passage
   e.g. Wilson v. State · Tacy v. State

2. “'without which the likelihood of an accurate conviction is seriously diminished.'”

   3 later decisions quote this exact passage
   e.g. Williams v. State · Smith v. State

3. “'A person who knowingly or intentionally kills another human being ... commits murder, a felony.! . 'A person attempts to commit a crime when, acting with the culpability required for commission of the crime, he engages in conduct that constitutes a substantial step toward commission of the crime.' * # * * * # A person engages in conduct”

   2 later decisions quote this exact passage
   e.g. Clark v. State · Woodson v. State