State v. Grilz’s Empirical Analysis

Citation profile

4 federal appellate · 45 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A ‘permissive presumption’ is really nothing more than an inference. It allows the trier of fact to infer the presumed fact from proof of the basic facts, but places no burden of any kind on the defendant. County Court of Ulster County v. Allen, [ 442 U.S. 140 , 99 S.Ct. 2213 , 60 L.Ed.2d 777 ] supra. A ‘mandatory presumption’ requires the trier of fact to find the presumed fact upon proof of the basic fact unless the defendant has presented some evidence to rebut the presumption. Id.””

   2 later decisions quote this exact passage
   e.g. State v. Spoon · State v. Abdi

2. “[T]he presumption of sanity, whether statutory or not, vanishes once the accused presents sufficient evidence to raise a reasonable doubt as to sanity, and the presumption should not be mentioned in jury instructions.”

   1 later decision quote this exact passage
   e.g. 575 So. 2d 108 - Wesley v. State

3. “"... the presumption of sanity is a procedural device that places on the defendant the burden of producing evidence sufficient to raise a reasonable doubt as to sanity."”

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