People v. Hernandez’s Empirical Analysis
1980
Citation profile
13 state decisions
How this case has been cited
Cited by 14 later decisions — most recently August 2015
13 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on People v. CALVAREST · People v. Hardin · Allen v. People · Commonwealth v. Hebert · People v. Palumbo
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Recklessness and negligence are incompatible with desire or intention. Where, therefore, in a crime which by definition may be committed recklessly or negligently but not intentionally, the recklessness or negligence relates not to a pure circumstance but to a consequence, it is impossible to conceive of an attempt. Thus there can be no attempt to commit involuntary manslaughter. The consequence involved in that crime is the death of the victim and an act done with intent to achieve this, if an attempt at all, is attempted murder."”
1 later decision quote this exact passage“An attempt to commit criminal negligent homicide thus requires proof that the defendant intended to perpetrate an unintended killing a logical impossibility. The words "attempt" and "negligence" are at war with one another; they are internally inconsistent and cannot sensibly co-exist.”
1 later decision quote this exact passagee.g. State v. Lyerla
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.