Public-domain · open source
OpenJurist
← 84 N.J. 305 - State v. Powell

State v. Powell’s Empirical Analysis

1980

Citation profile

181
cited by 181 later decisions
5
states following
May 2017
most recently cited

2 district · 179 state decisions

How this case has been cited

Cited by 181 later decisions — most recently May 2017 · most notably State v. Kelly (1984), State v. Green (1981)

2 district · 179 state decisions

8301980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Mullaney v. Wilbur · 50 Ill. 2d 302 - People v. Joyner · State v. Fair · State v. Mathis · 128 N.J. Super. 270 - State v. Harper

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

  1. “[t]here is a third party involved (represented by the jury): the State itself, on behalf of its citizens.... The judge is more than a referee between contestants. He is the law's representative, and it is his duty to see that the will of the law is done. The real function of the adversary system is to help him fulfill that duty. [ State v. Powell, 84 N.J. 305, 319 , 419 A. 2d 406 (1980), certif. denied, 87 N.J. 332 , 434 A. 2d 81 (1981).]”
    9 later decisions quote this exact passage · from the majority
  2. “... [W]here the facts clearly indicate the possibility that the crime was manslaughter based upon either provocation/passion or imperfect self-defense, we see no reason why the trial judge should not also be obliged, even without any request being made, so to charge. [ 84 N.J. at 318 (emphasis ours)]”
    3 later decisions quote this exact passage · from the majority
  3. “Since it is claimed here that no request for a manslaughter charge was made (or, if made was thereafter withdrawn) we deem it appropriate to use this occasion to set forth our view of the duty of a trial court in a murder case to charge the applicable law to the jury based upon the facts regardless of what requests counsel may make.” Id., 84 N.J. at 318 (first emphasis supplied).) 5 Nowhere does Powell imply that whenever there is a prosecution for murder, a manslaughter charge must automatically be given. See Powell, 84 N.J. at 316 n. 12. (”
    2 later decisions quote this exact passage · from the majority

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.