People v. Johnson’s Empirical Analysis

Citation profile

3 federal appellate ·

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. “Every defendant is entitled to every factual inference in his favor which can reasonably be drawn from the evidence. And where two factual inferences can be drawn from the evidence, both being of equal weight and strength, one factual inference consistent with guilt, and the other factual inference consistent with innocence, any defendant is entitled to the factual inference of innocence. With regard to facts and with regard to the verdict, there are two different burdens of proof operating simultaneously. With regard to finding of fact during the course of your deliberations, the burden of proof is simply that it is more likely than not that the fact exists, 50.1 beating 49.9.”

   1 later decision quote this exact passage
   e.g. 813 F. Supp. 2d 470 - Miller v. Phillip