Bennett v. Commonwealth’s Empirical Analysis

Citation profile

14 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “INSTRUCTION NO. ____ Complicity to Murder You will find the Defendant guilty of Complicity to Murder under this Instruction if, and only if, you believe from the evidence beyond a reasonable doubt all of the following: A. That in this county on or about September 1, 1996 and before the finding of the indictment herein, Enos Burden and/or George Vanover killed Scott Phillips by shooting him with a pistol; B. That prior to the killing, the Defendant, Tamara E. Harper, had solicited, counseled, commanded, or engaged in a conspiracy with Burden and/or Vanover to rob or harm Phillips; AND C. That in so doing: (1) The Defendant intended that Phillips would be killed; OR (2) The Defendant was wantonly engaging in conduct which created a grave risk of death to Phillips and thereby caused the death of Phillips under circumstances manifesting an extreme indifference to human life. INSTRUCTION NO. ___ Complicity to Second-Degree Manslaughter If you do not find the Defendant guilty under Instruction No. ___, you will find the Defendant guilty of Complicity to Second-Degree Manslaughter under this Instruction if, and only if, you believe from the evidence beyond a reasonable doubt all of the following: A. That in this county on or about September 1, 1996 and before the finding of the indictment herein, Enos Burden and/or George Vanover killed Scott Phillips by shooting him with a pistol; B. That prior to the killing, the Defendant, Tamara E. Harper, had solicited, counseled, commanded, or”

   1 later decision quote this exact passage
   e.g. Harper v. Commonwealth

2. “[T]he facts proving the element of endangerment necessary to convict of first-degree robbery may be the same facts which prove the element of aggravated wantonness necessary to convict of wanton murder.”

   1 later decision quote this exact passage
   e.g. Meredith v. Commonwealth

3. “created an almost strict liability with respect to murder committed during its commission.”

   1 later decision quote this exact passage
   e.g. Meredith v. Commonwealth