94 Wash. 2d 108 - State v. Burt’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Because [the justifiable homicide statute] requires an unjustifiable homicide which is not criminal to be excusable, the statutory definition of excusable homicide is merely a descriptive guide to the general characteristics of a homicide which is neither murder nor manslaughter. The characteristics of excuse do not have to be independently proved or found.”

   2 later decisions quote this exact passage
   e.g. State v. Baker · State v. Henderson

2. “Jury instructions are sufficient if they permit the defense counsel's theory of the case.to be satisfactorily argued to the jury. State v. King, 92 Wn.2d 541, 546 , 599 P.2d 522 (1979). Defense counsel claimed that the homicide was excusable as an accident and that the prosecution bore the burden of proving beyond a reasonable doubt that the homicide was not excusable. The instructions given permitted this theory to be satisfactorily argued. Instruction No. 12A described the characteristics of excusable homicide and allowed defense counsel to argue that this case fit those characteristics. Other instructions placed the burden of proving each element of the crime beyond a reasonable doubt on the prosecution.”

   1 later decision quote this exact passage
   e.g. 34 Wash. App. 654 - State v. Mercer