State v. DeSantos’s Empirical Analysis
1976
Citation profile
47 state decisions
How this case has been cited
Cited by 47 later decisions — most recently April 2011 · most notably State v. Wilson (1994), State v. Elliott (1977)
47 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 Babich v. United States · State v. Garcia · State v. Vallejos · State v. Vigil · State v. Lucero
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““An instruction on ‘depraved mind’ or ‘universal malice’ murder under § 40A-2-1 (A) (4) was also given. This type of murder is generally defined as one in which the act done is dangerous to more than one person such as firing into a crowd or placing a bomb in an airport locker. See Committee Commentary to N.M.U.J.I.Crim. 2.05. [Footnote omitted.] See generally, R. Perkins, Criminal Law 36-7 (2d ed. 1969). There is no evidence that the defendant committed an act that was dangerous to more than one person. Killing someone with a cement block certainly is the work of a ‘depraved mind,’ but its usage in our murder statute and others like it [Footnote omitted.] has been limited to reckless acts in disregard of human life in general as opposed to the deliberate intention to kill one particular person. This instruction was improper. “Finally, the jury was instructed under § 40A-2-l(A) (5) which provides for murder ‘from a deliberate and premeditated design unlawfully and maliciously to effect the death of any human being.’ This type is generally known as ‘transferred intent’ murder. See 1 O. Warren, Warren on Homicide § 73 (2d ed. 1938); Thompson & Gagne, The Confusing Law of Criminal Intent in New Mexico, 5 N. M.L.Rev. 63, 76 (1974). The common situation is when a person intends to kill one particular person and by accident or otherwise kills a different person. [Footnote omitted.] There is no evidence that Daniel DeSantos intended to kill anyone other than Glennie McDonald. This i”
1 later decision quote this exact passagee.g. State v. Hicks“A willful, deliberate and premeditated intention refers to the state of mind of the defendant. A willful, deliberate and premeditated intention may be inferred from all of the facts and circumstances of the killing. The words willful, deliberate and premeditated means [sic] arrived at or determined upon as a result of careful thought and the weighing of the consideration for and against the proposed course of action. A calculated judgment and decision may be arrived at in a short period of time. A mere unconsidered and rash impulse, even though it includes an intent to kill, is not a willful, deliberate and premeditated killing, the slayer must weigh and consider the question of killing and his reasons for and against such a choice.”
1 later decision quote this exact passagee.g. State v. Hamilton“A review of our precedents discloses that it is rarely applied. In a number of cases it has been argued that although several errors standing alone would not constitute fundamental error, their cumulative effect was that the defendant did not receive a fair trial. Such claims are usually rejected (footnotes omitted).”
1 later decision quote this exact passagee.g. State v. Hamilton
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.