Bane v. State’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Included Offense" means an offense that: (1) Is established by proof of the same material elements or less than all the material elements required to establish the commission of the offense charged; (2) Consists of an attempt to commit the offense charged or an offense otherwise included therein; or (3) Differs from the offense charged only in the respect that a less serious harm or risk of harm to the same person, property, or public interest, or a lesser kind of culpability, is required to establish its commission. [[Image here]] VOLUNTARY MANSLAUGHTER "A person who knowingly or intentionally kills another human being while acting under sudden heat commits voluntary manslaughter, a Class B felony." The essential elements of this crime are: 1. The knowing or intentional killing 2. Of another human being 3. In a sudden heat The existence of a sudden heat is a mitigating factor that reduces what otherwise would be murder to voluntary manslaughter. - However, this sudden heat must have been brought about by sufficient provocation to excite in the mind of the defendant such emotions as either anger, rage, sudden resentment or terror as may be sufficient to obscure the reason of an ordinary man and to render the defendant incapable of cool reflection.”

   7 later decisions quote this exact passage
   e.g. Eichelberger v. State · Isom v. State

2. “(allthough inartfully drafted, and in fact, technically erroneous, the instruction does not constitute fundamental error because it did not deprive the defendant of his due process rights.”

   4 later decisions quote this exact passage · from the dissent
   e.g. Isom v. State · Clark v. State

3. “means an excited mind. It is a condition that may be created by strong emotion such as anger, rage, sudden resentment or jealously [sic]. It may be strong enough to obscure the reason of an ordinary person and prevent deliberation and meditation. It can render a person incapable of rational thought. Id. at 124. Contrary to Instruction Number 19(B),”

   2 later decisions quote this exact passage
   e.g. Eichelberger v. State · Billy Brantley v. State of Indiana