Best v. State’s Empirical Analysis

Citation profile

42 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When an individual is confronted by a uniformed police officer attempting to effect an arrest [or secure a premises], any act of self-defense also amounts to resisting arrest [or interference]. In such a situation, a claim of self-defense is circumscribed by what we said in Roberts v. State, Wyo., 711 P.2d 1131, 1135 (1985): “There may be situations in which police activity is so provocative and resistance so understandable that it can only be concluded that the police were not engaged in the lawful performance of their official duties.” If that situation is present, the law permits a person to use such force as he reasonably believes necessary to protect himself against excessive force by the officer which might be considered a separate assault. State v. Holley, Fla., 480 So.2d 94 (1985); State v, Thomas, Mo., 625 S.W.2d 115 (1981); State v. Castle, 48 Or.App. 15 , 616 P.2d 510 (1980); State v. Eckman, 9 Wash.App. 905 , 515 P.2d 837 (1973); Annot., 77 A.L.R.3d, § 2 at 284-286.”

   3 later decisions quote this exact passage
   e.g. Wheaton v. State · Cody J. Tingey v. State

2. “(1) [T]hat the slayer was not at fault in bringing on the difficulty; (2) that he believed, at the time of the killing, that he was in such immediate danger of losing his own life, or of receiving serious bodily injury, as made it necessary to take the life of his assailant; (3) that the circumstances were such to warrant reasonable grounds for such belief in the mind of a reasonable man; (4) that there was no other reasonable method of escaping or otherwise resolving the conflict.”

   2 later decisions quote this exact passage
   e.g. Griffin v. State · Best v. State

3. “"* * * Our court is committed to the protection of that right [that an accused may not be compelled to be a witness against himself, Art. 1, § 11, Wyoming Constitution], and following the requirements of the Supreme Court of the United States as enunciated in Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 , reh. denied 385 U.S. 890 , 87 S.Ct. 11 , 17 L.Ed.2d 121 (1966), we require appropriate advice with respect to that right including the right to counsel in order to secure the privilege. Dryden v. State, Wyo., 535 P.2d 483 (1975). No further interrogation is permitted after a person in custody has invoked the right to counsel until counsel has been made available or that person voluntarily initiates further communication indicating a desire to waive that right. Edwards v. Arizona, [supra]; Cheatham v. State, Wyo., 719 P.2d 612 (1986); Daniel v. State, Wyo., 644 P.2d 172 (1982); Dryden v. State, supra."”

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