State v. Hughes’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]f you do not find [Appellant] guilty of murder in the second degree you must consider whether he is guilty of voluntary manslaughter. If you find and believe from the evidence beyond a reasonable doubt: First, that on or about March 13, 2007, [Appellant] caused the death of [Victim] by shooting her, and Second, that it was [Appellant’s] purpose to cause the death of [Victim], or That it was [Appellant’s] purpose to cause serious physical injury to [Victim], Then you will find [Appellant] guilty of voluntary manslaughter. However, unless you find and believe from the evidence beyond a reasonable doubt each and all of the propositions, you must find [Appellant] not guilty of voluntary manslaughter. As used in this instruction, the term ‘serious physical injury’ means physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body.”

   2 later decisions quote this exact passage
   e.g. State v. Neal · State v. Anthony

2. “Instruction No. 18 One of the issues in this case is whether the use of force by the defendant against Tracy Joseph Hayes was in self-defense. In this state, the use of force, including the use of deadly force, to protect oneself from harm is lawful in certain situations. A person can lawfully use force to protect himself against an unlawful attack. However, an initial aggressor, that is, one who first attacks or threatens to attack another is not justified in using force to protect himself from the counter-attack that he provoked. A person who is the initial aggressor in an encounter can regain the privilege of using force in lawful self-defense if he withdraws from the original encounter and clearly indicates to the other person his desire to end the encounter. Then, if the other person persists in continuing the incident by threatening to use or by using force, the first person is no longer the initial aggressor, and he can then lawfully use force to protect himself. In order for a person lawfully to use force in self-defense, he must reasonably believe he is in imminent danger of harm from the other person. He need not be in actual danger but he must have a reasonable belief that he is in such danger. If he has such belief, he is then permitted to use that amount of force which he reasonably believes to be necessary to protect himself. But a person is not permitted to use deadly force, that is, force which he knows will create a substantial risk of causing death or seriou”

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

3. “Generally, § 563.031.1 allows a person to use physical force upon another person to defend himself or a third person from what he perceives to be the use or imminent use of unlawful force by the other person. This defense is not available, however, if the defendant was the initial aggressor, unless he withdrew from the conflict § 563.031.1(1)(a). An initial aggressor is one who first attacks or threatens to attack another. If there is contradictory evidence as to who was the initial aggressor, it is a question of fact for the jury to decide.”

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