Warren v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “""[Mjerely placing an unloaded firearm against another, without more, does not create a substantial risk of bodily harm. The evidence here shows that Warren placed the unloaded gun against [the vice-tim's] stomach and waved the gun in his presence. This evidence is insufficient to support a conviction for criminal recklessness because the State failed to prove that there was a substantial risk of bodily injury .... [A] substantial risk of bodily injury may not be provén by mere speculation for which there has been no evidence presented at trial...." *”

   4 later decisions quote this exact passage
   e.g. Boushehry v. State · Al-Saud v. State

2. “"While most batteries are preceded by the creation of a substantial risk of bodily injury, it is possible for a battery to be committed without first creating such a risk or engaging in the offense of recklessness under IC 85-42-2-2(a). For example, a person may knowingly or intentionally touch another person by placing the barrel of an unloaded firearm against the body of another person, thus perpetrating a battery of the Class C felony type. However, such conduct does not necessarily create a substantial risk of bodily injury. Perhaps the use of an unloaded firearm in another manner may create such a risk, but the mere placement of the barrel against another person, while constituting a battery, does mot necessarily constitute reckless-mess. Thus, recklessness is not an "inherently' included offense of battery. It must therefore be determined whether the charging instrument alleges the commission of the lesser offense of recklessness by virtue of the manner and means allegedly employed by Mahone in the commission of the charged offense, battery." Id. at 263 (emphasis added).”

   2 later decisions quote this exact passage
   e.g. Al-Saud v. State · Al-Saud v. State

3. “(b) A person who recklessly, knowingly or intentionally performs: (1) an act that creates a substantial risk of bodily injury to another person * * * # * * commits criminal recklessness, a Class B misdemeanor. However, the offense is a *t "k " * d i (2) Class D felony if it is committed while armed with a deadly weapon.”

   2 later decisions quote this exact passage
   e.g. Al-Saud v. State · D.B. v. State