Brett v. State’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Deprive" means: a. To withhold property of another permanently or for so extended a period as to appropriate a major portion of its economic value or with intent to restore only upon payment of reward or other compensation; or b. To dispose of the property so as to make it unlikely that the owner will recover it.”

   3 later decisions quote this exact passage
   e.g. Merchant v. State · Burkhardt v. State

2. “INSTRUCTION NO. 2 The elements of the crime of murder in the first degree are: 1. On or about the date of December 28, 1997, in Laramie County; 2. The defendant, Erich Lane, killed [the victim]; and 3. Purposely; 4, With premeditation; and 5. With malice. If you find from your consideration of all the evidence that any of these elements has not been proven beyond a reasonable doubt, then you should find the defendant not guilty. If, on the other hand, you determine that the State has established beyond a reasonable doubt[ ] that the defendant did not act reasonably in self-defense and you find from your consideration of all the evidence that each of these elements has been proven beyond a reasonable doubt, then you should find the defendant guilty. INSTRUCTION NO. 6 If you are not satisfied beyond a reasonable doubt that the defendant is guilty of first degree murder, he may, however, be found guilty of any lesser offense, the commission of which is necessarily included in the offense charged, if the evidence is sufficient to establish the guilt of such lesser offense beyond a reasonable doubt. The offense of first degree murder, with which the defendant is charged, may include the lesser offenses of second degree murder and manslaughter. INSTRUCTION NO. 7 The elements of the crime of murder in the second degree are: 1. On or about the 28th day of December, 1997, in Laramie County; 2. The Defendant, Erich Lane[,] killed [the victim]; 3. Purposely[;] and[ ] 4. With malice, but”

   2 later decisions quote this exact passage
   e.g. Wilson v. State · Lane v. State

3. “Evidence has been introduced tending to show that the Defendant was suffering from self-induced intoxication. Self-induced intoxication is a defense to the crimes charged if the Defendant was intoxicated to such a degree that he was unable to formulate the intention to commit the erimes, or to form an agreement to commit these crimes. Intoxication is self-induced if it is caused by substances which the Defendant knows or ought to know have the tendency to cause intoxication and which he knowingly and voluntarily introduced into his body. The fact that the Defendant was dependent upon the intoxicating substance is not relevant in determining whether his intoxication was self-induced. Accordingly, if you find that the Defendant, at the time of the crimes charged, was suffering from self-induced intoxication to such a degree that there is a reasonable doubt in your minds whether the Defendant possessed the mental ability to form the intention to commit the crimes charges, then you should find the Defendant not guilty. Self-induced intoxication is a defense to the crimes charged if the Defendant was intoxicated to such a degree that he was unable to formulate the intention to commit the erimes, or to form an agreement to commit these crimes. Intoxication is self-induced if it is caused by substances which the Defendant knows or ought to know have the tendency to cause intoxication and which he knowingly and voluntarily introduced into his body. The fact that the Defendant was dep”

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