State v. Busch’s Empirical Analysis
1996
Citation profile
9 state decisions
How this case has been cited
Cited by 9 later decisions — most recently November 2018
9 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 State v. O'BRIEN · State v. Nolan · State v. Ferguson · State v. Walton · State v. Harnar
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[MJurder in the first degree requires “deliberation” — a mental state not found in any other crime. It is possible for the accessory to have the purpose to promote a murder by aiding another person without necessarily having “deliberated.” To make it clear that to be guilty of murder in the first degree the defendant must have deliberated, the verdict director must require a finding of that element. [[Image here]] If in using MAI-CR 3d 304.04 in setting out the essential elements of the offense this element is ascribed to the defendant alone or to the defendant and the other person or persons, the requirement of finding the defendant “deliberated” is satisfied. If, however, in the first listing of the elements, the element of deliberation is not so ascribed to the defendant (as would be the case where the defendant did not perform any conduct that caused the death and the defendant’s liability is based solely on his aiding the person who caused the death), or if the element of deliberation is ascribed to “the defendant or another person,” then the ascription of deliberation to the defendant should be accomplished by modifying the paragraph following “then you are instructed that the offense of [name of offense] has occurred ....” to read as follows: (Second) (Third) ([next numbered paragraph]), that with the purpose of promoting or furthering the death of [name of victim], the defendant aided or encouraged [name(s) of other person(s) involved or, if unknown, a general identif”
1 later decision quote this exact passagee.g. State v. Davis“record is fraught with evidence Defendant deliberated on the murder of victim.”
1 later decision quote this exact passagee.g. State v. Rhymer
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.