State v. Griffin’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[¡¡The standard in La.R.S. 14:20 is whether the Defendant’s subjective belief that he was in danger was reasonable. State v. Brown, 93-1471 (La.App. 3 Cir. 5/4/94) , 640 So.2d 488 . Factors to consider in determining whether a defendant had a reasonable belief that the killing was necessary are the excitement and confusion of the situation, the possibility of using force or violence short of killing, and the defendant’s knowledge of the assailant’s bad character. State v. Hardeman, 467 So.2d 1163 (La.App. 2d Cir.1985).- Although there is no unqualified duty to retreat, the possibility of escape is a factor to consider in determining whether a defendant had a reasonable belief that the use of deadly force was necessary to avoid the danger. State v. Brown, 414 So.2d 726 (La.1982). State v. Spivey, 38,243, p. 6 (La.App. 2 Cir. 5/12/04), 874 So.2d 352, 357 . In cases where the defendant claims self-defense as a justification, the absence of a weapon from the victim’s person or immediate reach is often a critical element of the state’s proof. See State v. Davis, 28,662 (La.App.2d Cir.9/25/96), 680 So.2d 1296 .... The absence of [a] weapon on the victim, however, is not dispositive of the issue. [[Image here]] State in Interest of D.S., 29,554, p. 3 (La.App. 2 Cir.' 5/7/97), 694 So.2d 565, 567 .”

   6 later decisions quote this exact passage
   e.g. 14 So. 3d 613 - State v. Mincey · 149 So. 3d 301 - State v. Ceasar

2. “The evidence does not show defendant in danger of great bodily harm himself nor of passionately' stepping into the fray to defend his brother. What the evidence does show is defendant joining the argument as an aggressor, stabbing the decedent and defendant’s prior record of other convictions of assault, battery and other violence. We think' it quite reasonable for the jury to infer from the circumstances the guilt of defendant. [[Image here]] The evidence also shows that defendant swung at and stabbed the decedent with a knife, who had not, during the argument, attacked defendant with any weapon. A. rational trier of fact could have found, beyond a reasonable doubt, that based on this evidence, the defendant did not kill the victim in self defense, but rather in a manner sufficient to constitute second degree murder. The evidence further shows defendant interfered in a purely vocal quarrel between decedent and defendant’s brother. There was no cause for defendant to interfere. He became the aggressor and ultimately asked for the beating he received at the hands of the victim. By pulling a knife and slashing the decedent, defendant dramatically escalated the seriousness of the incident to the point of no return. It is reasonable for the jury to conclude that there was no evidence in the record to show that defendant had drawn the knife in the. “heat of blood.” Moreover, we think the jury properly, found that defendant had formed the requisite specific intent when he drew the ”

   1 later decision quote this exact passage
   e.g. State v. Guillory

3. “You can't have someone come over and mouth off to you and there's not a weapon, he's just mouthing off. And you can't . . . there can't be precedent which would allow you to stick them . . . stab them with a 3.5 inch knife of that type or any kind of a knife in the gut. There are too many other methods of retreat.”

   1 later decision quote this exact passage
   e.g. 969 So. 2d 704 - State v. Batiste