State v. Dusablon’s Empirical Analysis

Citation profile

34 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The threshold inquiry in ascertaining whether the jury instruction given by the court constitutes reversible error is to determine the nature of the presumption it describes. If it is mandatory, that is, conclusive or burden-shifting, it violates defendant’s right to due process of law. If, on the other hand, an instruction could only be interpreted as a permissive inference, one which allows but does not require the trier of fact to find the inferred fact from the basic fact and which places no burden of any kind on the defendant, it is not unconstitutional. Whether an instruction is mandatory or permissive hinges on “the way in which a reasonable juror could have interpreted” it.”

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

2. “Intent ordinarily may not be proved directly because there is no way of fathoming or scrutinizing the operating of the human mind. But you may infer the defendant’s intent from the surrounding circumstances. You may consider any statement made or act done or committed by the defendant, and all other facts and circumstances in evidence [that] indicate his/her state of mind. It is ordinarily reasonable to infer that a person intends the natural and probable consequences of [an] act knowingly done or knowingly committed. (Emphasis added.)”

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