77 Wash. App. 628 - State v. Fortune’s Empirical Analysis
1995
Citation profile
4
cited by 4 later decisions
1
states following
January 1996
most recently cited
4 state decisions
Relationships
Relies on Schad v. Arizona · 101 Wash. 2d 566 - State v. Petrich · 87 Wash. 2d 374 - State v. Arndt · 125 Wash. 2d 472 - State v. Silva-Baltazar · 108 Wash. 2d 506 - State v. Whitney
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Furthermore, Schad does not support Fortune’s argument that the existence of a potentially higher penalty for one of the alternative means mandates the conclusion that the Legislature has determined that the mental states of the alternative means are not moral equivalents. The Arizona statute considered in Schad authorized the same maximum penalty, death, for both the felony murder and premeditated murder means of committing first degree murder. 501 U.S. at 644 n.9. However, the plurality did not rely on the fact that the two carried the same penalty in determining that the mental states of the two means are moral equivalents. Punishment was not relevant to the Schad plurality’s resolution of the question of whether the Arizona Legislature had violated due process in defining the alternative means of committing first degree murder. . . . A higher actual or potential penalty for an alternative means of committing a crime reflects a number of public policy considerations which do not necessarily correlate to the moral equivalency of the mens rea of the alternative means of committing a crime. The aggravated murder statute, for example, evinces a public policy that premeditated murder of certain victims, by certain persons, or under certain circumstances should be punished more severely than other instances of premeditated murder. It is the presence of these additional facts that the Legislature has determined makes the crime more reprehensible or socially harmful than it would ”
1 later decision quote this exact passage“the question of whether a defendant may, without jury unanimity, be constitutionally convicted under a statute that has alternative means with different mental states is a separate issue from whether he or she may be constitutionally sentenced under a statute that carries different penalties for alternative means of committing a crime. See 501 U.S. at 644 n.9.”
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.