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← 815 SE2D 313 - MCCLURE v. the STATE.

MCCLURE v. the STATE.’s Empirical Analysis

2018

Citation profile

4
cited by 4 later decisions
1
states following
June 2019
most recently cited

4 state decisions

Relationships

Relies on Jackson v. Virginia · Stump v. Bennett · McClain v. State · United States v. King · Culberson v. Culberson

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

  1. “With a legal affirmative defense, the accused admits the elements of the crime, but seeks to justify, excuse, or mitigate by showing no criminal intent; all elements of the parts of the crime are admitted with the exception of the intent. All defenses which have been held to be statutory affirmative defenses meet these criteria, i.e., justification, self-defense or defense of others, rendering assistance to law enforcement officers, defense of habitation, defense of property other than habitation, entrapment, and coercion.”
    1 later decision quote this exact passage
  2. “An affirmative defense is one in which the defendant admits the act but seeks to justify, excuse, or mitigate it. The defendant must admit the crime before he can raise the defense.”
    1 later decision quote this exact passage · from the concurrence
  3. “to assert an affirmative defense, a defendant must admit the act, or he is not entitled to a charge on that defense.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.