Harris v. Scully’s Empirical Analysis

Citation profile

5 federal appellate · 1 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] defendant does not concede the intent to kill by asserting the defense of self defense. See Ramirez v. Jones, 683 F.2d 712, 716 (2d Cir.1982), cert. denied, 460 U.S. 1016 , 103 S.Ct. 1260 , 75 L.Ed.2d 487 (1983). Rather, one can act in self defense, as in defense of others, consistently with a number of possible intentions. “[0]ne can shoot to kill in self-defense, shoot to wound in self-defense, shoot to frighten in self-defense, or even shoot reactively in self-defense with no specific purpose.” Mason v. Balkcom, 669 F.2d 222, 227 (5th Cir. 1982), cert. denied, 460 U.S. 1016 , 103 S.Ct. 1260 , 75 L.Ed.2d 487 (1983); see also Ramirez, 683 F.2d at 716 . Conversely, the presence of a claim of justification does not negate the intent to kill, or, for that matter, any other criminal intent. Instead, justification is a defense that renders noncriminal an otherwise criminal act, regardless of the defendant’s intent.”

   1 later decision quote this exact passage · from the majority
   e.g. 673 F. Supp. 2d 121 - Gibbs v. Donnelly

2. “'both the factual and the legal premises of the claim he asserts in federal court.'”

   1 later decision quote this exact passage · from the majority
   e.g. Blazic v. Henderson