Treadway v. State’s Empirical Analysis

Citation profile

29 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The defense of necessity is an issue in this case. ■ - ■ The defense of necessity applies when: (1) the act charged as criminal was the result of 'an emergency and was done to prevent a significant harm; (2) there was no adequate alternative to the commission of the act; (3)- the harm caused by the act was not disproportionate to the harm avoided; (4) the Defendant had a good-faith belief that his/her act was necessary to prevent greater harm;. (5) the Defendant’s belief was objectively reasonable under all the circumstances of the case; and (6) the Defendant did not substantially contribute to the creation of the emergency. The State has the burden to prove beyond a reasonable doubt that the defendant was not acting out of necessity, and may do so by disproving any one of the above facts.”

   1 later decision quote this exact passage
   e.g. John Hernandez v. State of Indiana

2. “Before a sentence may be imposed under this section ... the court, in a proceeding under subsection (g), must find that: (1) the state has proved beyond a reasonable doubt that at least one (1) of the aggravating circumstances listed in subsection (b) exists; and (2) any mitigating circumstances that exist are outweighed by the aggravating circumstances.”

   1 later decision quote this exact passage
   e.g. Mark Leonard v. State of Indiana

3. “Failure to object at trial waives the issue for review unless fundamental error occurred.”

   1 later decision quote this exact passage
   e.g. Tyrice J. Halliburton v. State of Indiana