171 Ind. App. 235 - Toliver v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The issue on transfer is whether an adequate instruction on reasonable doubt requires language specifically instructing the jury as to the degree of certainty necessary for conviction. It is appellant’s contention that he has a right to supplement the court’s reasonable doubt instruction with an instruction which focused upon the degree of certainty required to remove reasonable doubt. It is the State’s contention that the instruction tendered had a potential of creating a greater standard of proof than our law requires, and therefore was an erroneous statement of law which should not have been given to the jury. We grant transfer and affirm the decision of the trial court. In the Court of Appeals, Judge Buchanan wrote a dissenting opinion wherein he correctly points out that the trial court’s preliminary instruction 3P covered the definition of reasonable doubt and instructed the jury as to the necessity of finding guilt beyond a reasonable doubt. Judge Buchanan further correctly pointed out that the tendered instruction by the appellant erroneously used the word ‘certainty’. By so doing, the burden of proof was subtly changed to convey the impression that guilt must be shown to an absolute certainty or beyond all doubt, rather than by beyond a reasonable doubt. We therefore hold that the trial court did not err in refusing to give defendant’s reasonable doubt instruction for the reason that its substance was adequately covered by other instructions which were given. Vacend”

   1 later decision quote this exact passage
   e.g. 179 Ind. App. 472 - Decker v. State

2. ““A reasonable doubt as the word implies is such a doubt as may arise from the evidence, or from the lack of evidence, or from a conflict in the evidence, concerning a given fact or issue. The rule of law touching upon reasonable doubt is a practical rule for the guidance of practical men and women when engaged in this solemn duty of assisting in the administration of justice. It is not therefore a rule about which there is anything whimsical or imaginary. It is not a mere possibility or error or mistake that constitutes reasonable doubt, for despite every precaution that may be taken to prevent it, there may be in all matters pertaining to human affairs, a mere possibility of error. The rule of law touching reasonable doubt can be and is thus stated for your guidance. If you, and each of you are so convinced by the evidence, and considering all the facts and circumstances, and evidence as a whole of the guilt of the defendant, that as prudent men and women you would feel safe to act upon such conviction in a manner of the highest concern and importance to your own dearest and most important interests, where there was no compulsion or coercion upon you to act at all, then you will have attained such degree of certainty as excludes reasonable doubt and authorizes conviction of the defendant. If you are not so convinced by all the facts and circumstances, and evidence as a whole, of the guilt of the defendant, you should acquit him.””

   1 later decision quote this exact passage
   e.g. 179 Ind. App. 472 - Decker v. State