State v. Miller’s Empirical Analysis
1989
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently July 2016
20 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Butler v. United States · State v. Foster · 95 Ill. App. 3d 886 - People v. Purrazzo · The People v. Tanthorey · State v. Buffington
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A person commits the crime of involuntary manslaughter if he “recklessly” causes the death of another. § 565.024.1(1). A person acts “recklessly” when “he consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.” § 562.-016.4 Thus, recklessness as used in our Criminal Code and the Model Penal Code, “involves conscious risk creation. It resembles knowingly in that a state of awareness is involved, but the awareness is of risk, that is of a probability less than a substantial certainty_” Model Penal Code, supra, § 202 at 236.”
1 later decision quote this exact passagee.g. State v. Isreal“If ... the perpetrator of the homicide or of the assault had no criminal intent in attempting to injure or kill another person, as where the perpetrator was lawfully defending himself from the harm sought to be inflicted upon him by such other person, the fact that, on that occasion, a third person was unintentionally injured or killed by the perpetrator would not make him liable, unless the perpetrator acted carelessly or without regard to the safety of innocent bystanders.”
1 later decision quote this exact passage · from the dissente.g. State v. Isreal“Self-defense might justify producing the weapon to prevent being attacked by In-man, but would not justify the reckless handling of it. Defendant was not entitled to the instruction on self-defense.”
1 later decision quote this exact passagee.g. Jordan v. State
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.