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← 635 NE2D 1109 - Wilson v. State

Wilson v. State’s Empirical Analysis

1994

Citation profile

3
cited by 3 later decisions
1
states following
December 1996
most recently cited

3 state decisions

Relationships

Relies on Cities of Charlottesville v. Official Committee of Unsecured Creditors of Columbia Gas Transmission Corp. · Spradlin v. State · Cuppett v. Duckworth · Smith v. State · Averhart v. State

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

  1. “"Instruction 15-A person attempts to commit a crime when he knowingly or intentionally engages in conduct that constitutes a substantial step toward the commission of the crime. An attempt to commit a crime is a felony or misdemeanor of the same class as the crime attempted. The crime of murder is defined by statute as follows: A person who knowingly or intentionally kills another human being commits murder. To convict the defendant of attempted murder, the State must have proved each of the following elements: The defendant James L. Wilson 1 ) knowingly or intentionally 2) engaged in conduct by knowingly shooting a deadly weapon; to-wit a handgun at and against the person of Frank Dewey Poskon [sic] 3) which conduct constitutes a substantial step toward the knowing or intentional killing of another human being. If the State failed to prove each of these elements beyond a reasonable doubt, the defendant should be found not guilty. If the State did prove each of the elements beyond a reasonable doubt, then you should find the defendant guilty of attempted murder, a class A felony."”
    1 later decision quote this exact passage
  2. “imperfectly instructed on the intent to kill element, but not affirmatively misled; therefore, the giving of instruction Number 15 did not constitute fundamental error, and Wilson has waived any objection to that instruction.”
    1 later decision quote this exact passage
  3. “"The intent to kill can be found from the acts, declarations, and conduct of the defendant at or just immediately before the commission of the offense, and from the character of the weapon used."”
    1 later decision quote this exact passage

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.