Theodore v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a] deliberate design cannot be formed at the very moment of the fatal act, however, the deliberate design need not exist . . . for any definite time . . . but if . . . it exists . . . but for an instant before the fatal act, this is sufficient deliberate design to constitute the offense of Murder.”

   3 later decisions quote this exact passage
   e.g. Shunbrica Andrea Roby v. State of Mississippi · 847 So. 2d 806 - Shipp v. State

2. “"deliberate" always indicates full awareness of what one is doing, and generally implies careful and unhurried consideration of the consequences. "Design" means to calculate, plan, contemplate. . . . While it is no doubt true that a deliberate design to kill . . . may be formed very quickly, and perhaps only moments before the act of consummating the intent, it is a contradiction in terms to state that a "deliberate design" can be formed at the very moment of the fatal act.”

   2 later decisions quote this exact passage
   e.g. 847 So. 2d 806 - Shipp v. State · 970 So. 2d 178 - Craft v. State

3. “The Court instructs the Jury that if you find from the evidence in this case beyond a reasonable doubt that the Defendant, Brian Douglas Holliman, did on or about October 25, 2008, in Lowndes County, Mississippi, unlawfully[,] willfully, and feloniously kill Laura Godfrey Holliman, while engaged in the commission of an act eminently dangerous to others and evincing a depraved heart, disregarding the value of human life, whether or not he had any intention of actually killing Laura Godfrey Holliman, by pointing a loaded shotgun with the safety .off at, Laura Godfrey Holliman, without authority of law and. , not in necessary .self-defense, then you shall find the Defendant guilty of Second-Degree Murder.-”

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