Blackhurst v. State’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “conduct which is sufficient to excite an intense passion in a reasonable person in the defendant’s situation, other than a person who is intoxicated, under the circumstances as the defendant reasonably believed them to be; insulting words, insulting gestures, or hearsay reports of conduct engaged in by the intended victim do not, alone or in combination with each other, constitute serious provocation.”

   2 later decisions quote this exact passage
   e.g. LaPierre v. State · Howell v. State

2. “The defendant may be found guilty of an offense necessarily included in the offense charged, [in the indictment] or of an attempt to commit either the offense charged or the offense necessarily included therein if the attempt is an offense. When it appears that the defendant has committed a crime, and there is reasonable ground of doubt in which of two or more degrees he is guilty, he can be convicted of the lowest of those degrees only.”

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

3. ““defense” other than an affirmative defense, means that (A) some evidence must be admitted which places in issue the defense; and (B) the state then has the burden of disproving the existence of the defense beyond a reasonable doubt.”

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