Howard v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Id. Barnes argues that the trial court abused its discretion when it refused to give the following jury instruction: When an arrest is attempted by means of a forceful and unlawful entry into a citizen's home, such entry represents the use of excessive force, and the arrest cannot be considered peaceable. Therefore, a citizen has the right to reasonably resist the unlawful entry. Appellant's App. p. 18. Barnes's tendered instruction was not covered by the other instructions given. Further, Barnes's instruction is a correct statement of the law.”

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

2. “1. he is committing, or is escaping after the commission, of a crime; 2. he provokes unlawful action by another person with intent to cause bodily injury to the other person; or 3. he has entered into combat with another person or is the initial aggressor, unless he withdraws from the encounter and communicates to the other person his intent to do so and the other person nevertheless continues or threatens to continue unlawful action.”

   1 later decision quote this exact passage
   e.g. Mitchell Burton v. State of Indiana

3. “'As a general rule, a defendant in a criminal case is entitled to have the jury instructed on any theory of defense which has some foundation in the evidence.”

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