State v. Ervin’s Empirical Analysis

Citation profile

5 federal appellate · 198 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 208 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A person is responsible for his own conduct and he is also responsible for the conduct of another person in committing an offense if he acts with the other person with the common purpose of committing that offense or if, for the purpose of committing that offense, he aids or encourages the other person in committing it. As to Count I, if you find and believe from the evidence beyond a reasonable doubt: First that on or about July 7, 2002, the defendant or Justin M. Brown caused the death of Ralph L. Lape, Jr., by shooting him, and Second that defendant was aware that his or Justin M. Brown’s conduct was practically certain to cause the death of Ralph L. Lape, Jr., and Third, that beginning in Cape Girar-deau County, Missouri, and ending in New Madrid County, Missouri, the defendant or Justin M. Brown caused the death of Ralph L. Lape, Jr. after deliberation, which means cool reflection upon the matter for any length of time no matter how brief, then you are instructed that the offense of murder in the first degree has occurred, and if you further find and believe from the evidence beyond a reasonable doubt: Fourth, that with the purpose of promoting or furthering the death of Ralph L. Lape, Jr., the defendant acted together with or aided Justin M. Brown in causing the death of Ralph L. Lape, Jr., and did so after deliberation, which means cool reflection upon the matter for any length of time no matter how brief, then you will find the defendant guilty under Count I of murder”

   3 later decisions quote this exact passage
   e.g. State v. Skillicorn · State v. Davis

2. “a first-degree murder instruction premised on accessory liability must ascribe deliberation to the defendant. And where the State's theory is accomplice/accessory liability, the jury must also find that the defendant had a purpose to aid another in the commission of the crime.”

   2 later decisions quote this exact passage
   e.g. State v. Skillicorn · State v. O'BRIEN

3. “If you find and believe from the evidence beyond a reasonable doubt: First, that on or about December 11, 2002, the defendant operated a motor vehicle on a road traveled by the public at or near Ehlmann in the County of St. Charles, State of Missouri, and Second, that while so doing the defendant was a party to an accident that caused physical injury to another person, and Third, that defendant was aware that such physical injury had occurred, and Fourth, that at the time of the accident or shortly thereafter at least one of the injured persons was present at the scene of the accident and not badly injured, and Fifth, that defendant left the scene of the accident without stopping and giving sufficient information by which the defendant could be readily identified and located to at least one of the injured persons, then you will find the defendant guilty of leaving the scene of a motor vehicle accident. However, unless you find and believe from the evidence beyond a reasonable doubt each and all of these propositions, you must find the defendant not guilty of that offense. Physical injury means physical pain, illness, or any impairment or physical condition.”

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