Harris v. Commonwealth’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Appellant’s conduct was substantially more than a mere traffic violation. In addition to driving at a rate exceeding the speed limit and violating the traffic signal, there was substantial evidence that Appellant was watching television rather than monitoring the traffic at the intersection and that he had attempted to ‘time’ the traffic light despite the fact that it remained red at all times during his approach. Moreover, from the testimony regarding the manner in which Appellant and Kaylor operated their vehicles and Kaylor’s unusual conduct after the collision, the jury could reasonably have inferred that Appellant and Kaylor were racing during the period immediately preceding the collision and that Appellant ran the red light to “outrun” Kaylor, not realizing that Kaylor had slowed down to turn onto the bypass. While the evidence was by no means overwhelming on these points, we cannot say as a matter of law that it was unreasonable for the jury to believe beyond a reasonable doubt that Appellant acted under circumstances manifesting extreme indifference to human life.” (Slip opinion p. 9-10).”

   1 later decision quote this exact passage
   e.g. Brown v. Commonwealth

2. “he should have objected on this ground before the jury was sent back to deliberate,” was dictum and should not be construed as a sua sponte amendment of RCr 9.54(2). Harris cited RCr 9.54(2) as authority for that statement, which was technically correct since the defendant had not objected whatsoever to the instruction that he assigned as error on appeal. Further, Appellant’s belated objection was not on the ground that the instruction used the word”

   1 later decision quote this exact passage
   e.g. Ernst v. Commonwealth

3. “Kidnapping. — (1) A person is guilty of kidnapping when he unlawfully restrains another person and when his intent is: (a) To hold him for ransom or reward; or (b) To accomplish or to advance the commission of a felony; or (c) To inflict bodily injury or to terrorize the victim or another; or (d) To interfere with the performance of a governmental or political function; or (e) To use him as a shield or hostage.”

   1 later decision quote this exact passage
   e.g. Curtis v. Kentucky Bar Ass'n