Blake v. Commonwealth’s Empirical Analysis

Citation profile

2 federal appellate · 9 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When the defendant believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such belief would establish a justification under KRS 503.050 to 503.110 but the defendant is wanton or reckless in believing the use of any force, or the degree of force used, to be necessary or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of his use of force, the justification afforded by these sections is unavailable in a prosecution for an of fense for which wantonness or recklessness, as the case may be, suffices to establish culpability.” (emphasis added).”

   3 later decisions quote this exact passage
   e.g. Bennett v. Scroggy · Baker v. Commonwealth

2. “"If the belief upon which a defendant's use of force is based is so unreasonable as to constitute `wantonness' or `recklessness', justification is not available for offenses having either of these culpable mental states as the essential element of culpability. For example, if a defendant, in killing another, believes himself in danger of death but is wanton in having such a belief, he cannot be convicted of murder. But since manslaughter in the second degree is committed through `wantonness' and since this subsection denies a defendant justification for such an offense, he can be convicted of this lesser degree of homicide." 1974 Commentary to KRS 503.120.”

   1 later decision quote this exact passage
   e.g. Shannon v. Commonwealth

3. ““... a defendant has used deadly force under circumstances which he claims to have justified self-defense and the evidence would support a finding that if he had the necessary beliefs for this defense he was wanton, or reckless in so believing and acting.” (emphasis added).”

   1 later decision quote this exact passage
   e.g. Caldwell v. Commonwealth