111 So. 3d 620 - Williams v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “we consider the distinctive differences between “infer” and “presume.” “Infer” is.defined as “to conclude from certain premises or evidence.” By this definition, a jury may not make an inference without evidence adduced at trial to support that inference. However, [the instruction at issue in Williams ] did not use “infer” but instead used “presume,” which is defined as “to assume to be true without proof to the contrary.” “Assume” is analogous to “presume” and “stresses] the arbitrary acceptance as true of something which has not yet been proved.””

   1 later decision quote this exact passage
   e.g. Michael T. Anderson v. State of Mississippi

2. “[h]er testimony was sufficient to warrant an instruction on accident or mistake, which was granted. .Once her defense was placed in issue and the instruction given, it was the duty of the jury to consider Williams’s testimony and defense among all the other evidence presented. It was S-4 which created this dilemma, for it is impossible to determine beyond a reasonable doubt whether the jury engaged in this consideration or merely relied on S-4’s presumption as to intent.”

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

3. “The burden of proof in a criminal case never shifts from the State to the defendant. The State is required to prove every material element of the indictment beyond reasonable doubt. Likewise, the defendant is not required to prove that he acted in self-defense, and, if a reasonable doubt of his guilt- arises from the evidence, including evidence of self-defense, he must be acquitted.”

   1 later decision quote this exact passage
   e.g. Malcolm Jamal Husband v. State of Mississippi