State v. Deal’s Empirical Analysis

Citation profile

46 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he elements of `sudden passion' and `heat of blood' are mitigatory factors in the nature of a defense, and when such factors are established by a preponderance of the evidence, a verdict for murder is inappropriate.”

   3 later decisions quote this exact passage
   e.g. State v. Jones · 936 So. 2d 108 - State v. Leger

2. “... an expert witness shall not express an opinion as to the guilt or innocence of the accused.”

   3 later decisions quote this exact passage
   e.g. State v. Pickett · 807 So. 2d 208 - State v. Irish

3. “A. Manslaughter is: (1) A homicide which would be murder under either Article 30 (first degree murder) or Article 30.1 (second degree murder), but the offense is committed by sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection. Provocation shall not reduce a homicide to manslaughter if the jury finds that the offender's blood had actually cooled, or that an average person's blood would have cooled, at the time the offense was committed[.]”

   2 later decisions quote this exact passage
   e.g. State v. Jones · 856 So. 2d 166 - State v. Chesson