State v. Wessendorf’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “with respect to circumstances surrounding his conduct or the result of his eonduct[,] when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.”

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

2. “[t]he risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise in all the circumstances as viewed from the actor's standpoint.”

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

3. “must be of such a degree that an ordinary person would not ... fail to recognize it.”

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