Rowe v. People’s Empirical Analysis
1993
Citation profile
1 district · 43 state decisions
How this case has been cited
Cited by 44 later decisions — most recently July 2024 · most notably State v. Nieto (2000), People v. Garcia (2001)
1 district · 43 state decisions
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 People v. Rivera · People v. Cooke · People v. Huckleberry · People v. Garcia
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If assault in the second degree is committed under circumstances where the act causing the injury is performed, not after deliberation, upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the person causing the injury sufficiently to excite an irresistible passion in a reasonable person, it is a class 1 misdemeanor.”
2 later decisions quote this exact passagee.g. People v. Suazo · Walker v. People“the General Assembly ... includ[ed] heat of passion language in the statutory scheme for first-degree assault as a mitigating factor that could reduce a defendant’s sentence for first-degree assault, rather than by creating a new and separate offense of first-degree assault committed under heat of passion or by establishing an affirmative defense.”
2 later decisions quote this exact passage“If you find the defendant not guilty of [a count of first, or second degree assault], you need not consider this instruction. If however, you find the defendant guilty of [that count], you must then consider the issue of provocation. The evidence in this case has raised the issue of provocation. Provocation means that the defendant’s acts were performed, not after deliberation, but upon a sudden heat of passion caused by a serious and highly provoking act of the intended victim which affected the defendant sufficiently to excite such an irresistible passion in a reasonable person. It is the burden of the prosecution to prove beyond a reasonable doubt a lack of provocation for the defendant’s acts.”
1 later decision quote this exact passagee.g. People v. Howard
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.