Mitchell v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a murder “committed solely on impulse—the immediate offspring of rashness and 60 impetuous temper—is not one committed with deliberation and premeditation”
• explaining that “conspiracy is necessarily a specific intent crime; there must exist the specific intent to join with another person in the accomplishment of an unlawful purpose or lawful purpose by unlawful means”
• stating “that a murder committed solely on impulse—the ‘immediate offspring of rashness and impetuous temper’—is not one committed with deliberation and premeditation”
• crime of depraved-mind murder is not consistent with the specific intent required for conspiracy
• “[CJonspiracy is necessarily a specific intent crime; there must exist the specific intent to join with another person in the accomplishment of an unlawful purpose or a lawful purpose by unlawful means.”
• The jury must determine the presence of the elements of first degree murder, that the members of the conspiracy intended to commit a deliberate and premeditated killing. Deliberation requires a “full and conscious knowledge of the purpose to kill[.]”

Source: CourtListener parenthetical corpus (CC0).

Cited by

40 cases in this archive cite this case; the 20 most cited are listed.

• Clemons v. State
  Court of Appeals of Maryland· 2006-04-19· cited 64×
• McClurkin & Jackson v. State
  Court of Special Appeals of Maryland· 2015-04-01· cited 56×
• B. SIFRIT v. State
  Court of Appeals of Maryland· 2004-08-27· cited 50×
• Mitchell v. State
  Court of Appeals of Maryland· 2001-03-05· cited 48×
• Thornton v. State
  Court of Appeals of Maryland· 2007-03-20· cited 38×
• Alston v. State
  Court of Appeals of Maryland· 2010-05-11· cited 35×
• Bryant v. State
  Court of Appeals of Maryland· 2006-06-05· cited 34×
• Morris v. State
  Court of Special Appeals of Maryland· 2010-04-29· cited 30×
• State v. Manion
  Court of Appeals of Maryland· 2015-04-01· cited 28×
• Pinkney v. State
  Court of Special Appeals of Maryland· 2003-06-20· cited 26×
• Savage v. State
  Court of Appeals of Maryland· 2017-08-04· cited 22×
• Alston v. State
  Court of Special Appeals of Maryland· 2007-10-03· cited 19×
• Tarray v. State
  Court of Appeals of Maryland· 2009-09-14· cited 16×
• McMillan v. State
  Court of Special Appeals of Maryland· 2008-09-09· cited 16×
• Wagner v. State
  Court of Special Appeals of Maryland· 2013-09-04· cited 13×
• Handy v. State
  Court of Special Appeals of Maryland· 2011-10-26· cited 12×
• United States v. Shelton
  Court of Appeals for the Armed Forces· 2005-09-27· cited 11×
• State v. Goldsberry
  Court of Appeals of Maryland· 2011-04-26· cited 10×
• Darling v. State
  Court of Special Appeals of Maryland· 2017-04-27· cited 10×
• Molina v. State
  Court of Special Appeals of Maryland· 2019-12-23· cited 10×

Cites

47 cases in this archive are cited by this case; the 20 most cited are listed.

• Bottoson v. Florida
  Supreme Court· 1984-10-01· cited 793×
• People v. Thomas
  California Supreme Court· 1945-02-07· cited 313×
• People v. Swain
  California Supreme Court· 1996-01-29· cited 301×
• Tichnell v. State
  Court of Appeals of Maryland· 1980-06-10· cited 300×
• People v. Kynette
  California Supreme Court· 1940-07-30· cited 201×
• Hook v. State
  Court of Appeals of Maryland· 1989-02-13· cited 124×
• People v. Cortez
  California Supreme Court· 1998-08-27· cited 112×
• Burch v. State
  Court of Appeals of Maryland· 1997-07-03· cited 112×
• Williams v. State
  Court of Appeals of Maryland· 1985-04-24· cited 100×
• Colvin v. State
  Court of Appeals of Maryland· 1984-03-16· cited 90×
• People v. Horn
  California Supreme Court· 1974-08-07· cited 87×
• United States v. Croft
  Ninth Circuit· 1997-09-05· cited 87×
• Williams v. State
  Court of Appeals of Maryland· 1992-12-23· cited 80×
• Townes v. State
  Court of Appeals of Maryland· 1988-10-24· cited 67×
• State v. Kaakimaka
  Hawaii Supreme Court· 1997-02-27· cited 64×
• Seidman v. State
  Court of Appeals of Maryland· 1962-12-28· cited 64×
• Hunt v. State
  Court of Appeals of Maryland· 1997-03-18· cited 61×
• United States v. Elizabeth Nichols Chagra
  Fifth Circuit· 1986-12-18· cited 60×
• Robinson v. State
  Court of Appeals of Maryland· 1986-11-12· cited 56×
• Gary v. State
  Court of Appeals of Maryland· 1996-02-08· cited 53×