138 Ga. App. 65 - Avery v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “I will just state to you again that the law provides: The acts of a person of sound mind and discretion are presumed to be the product of the person's will, but the presumption may be rebutted. A person of sound mind and discretion is presumed to intend the natural and probable consequences of his acts, but the presumption may be rebutted. A person will not be presumed to act with criminal intention, but the trier of facts may find such intention upon consideration of the words, conduct, demeanor, motive, and all other circumstances connected with the act for which the accused is prosecuted. Every person is presumed to be of sound mind and discretion, but the presumption may be rebutted.”

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

2. “In a criminal prosecution, due process requires the state to prove beyond a reasonable doubt every essential element of the crime charged... It is our view that a finding of insanity necessarily negates the essential element of criminal intent and that the State must therefore bear the burden of proving a defendant's sanity beyond a reasonable doubt.”

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

3. “Does the state have to prove mental competence at the time of the offense ... or does the defense have to prove he is mentally incompetent?”

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