State v. D'Orio’s Empirical Analysis

Citation profile

5 federal appellate · 1 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Flow, gentlemen, these defendants come before you because there has been found against them an indictment. An indictment is a charge. It is a charge preferred by the grand inquest of the county, the grand jury of the county, as it is usually called. When a charge is preferred by the grand jury of the county, it becomes the duty of the Prosecutor of the Pleas to present to a trial court, such as we have here, such evidence as he may have in support of the charge which has been laid by the grand jury. It is his duty to present such evidence as he may have, and to present his viewpoint and arguments in favor of the state. It then becomes the duty of counsel for the defendants to present such evidence as they may have to the trial court and such arguments as they may choose to adduce in favor of the contentions that they may choose to advance in defense of their clients. And so the jury, having before them the evidence adduced by the respective sides and the arguments made by the respective sides, are called upon to decide the case upon the evidence as adduced. And the evidence having been presented, the court is under a duty to instruct the jury as to what the law may be applicable to the particular case.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. D'Orio

2. ““It is the duty of the state to prove the guilt of the defendants beyond a reasonable doubt, and this burden .never shifts. It is not the duty' of the accused to prove his innocence of the charges made against him.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. D'Orio