Gerlach v. State’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1) the act charged must have been done to prevent a significant evil; 2) there must have been no adequate alternative; 3) the harm caused must not have been disproportionate to the harm avoided.”

   3 later decisions quote this exact passage
   e.g. State v. Rome · Degler v. State

2. “Justification: Necessity. (a) Conduct which would otherwise be an offense is justified by reason of necessity to the extent permitted by common law when (1) neither this title nor any other statute defining the offense provides exemptions or defenses dealing with the justification of necessity in the specific situation involved; and (2) a legislative intent to exclude the justification of necessity does not otherwise plainly appear. (b) The justification specified in (a) of this section is an affirmative defense.”

   1 later decision quote this exact passage
   e.g. Reeve v. State

3. “[an objective determination must be made as whether the defendant's value judgment was correct, given the facts as he reasonably perceived them”

   1 later decision quote this exact passage
   e.g. McGee v. State