175 Ill. App. 3d 284 - People v. McDarrah’s Empirical Analysis

Citation profile

33 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(e) When the defense of insanity has been presented during the trial, the burden of proof is on the defendant to prove by a preponderance of the evidence that the defendant is not guilty by reason of insanity. However, the burden of proof remains on the State to prove beyond a reasonable doubt each of the elements of each of the offenses charged, and, in a jury trial where the insanity defense has been presented, the jury must be instructed that it may not consider whether the defendant has met his burden of proving that he is not guilty by reason of insanity until and unless it has first determined that the State has proven the defendant guilty beyond a reasonable doubt of the offense with which he is charged.” (Ill. Rev. Stat. 1987, ch. 38, par. 6 — 2(e).)”

   2 later decisions quote this exact passage · from the majority
   e.g. 203 Ill. App. 3d 871 - People v. Seaman · 148 Ill. 2d 479 - People v. Scott

2. “"Defendant next presents four arguments challenging the constitutionality of the Habitual Criminal Act (Act) (Ill. Rev. Stat. 1985, ch. 38, par. 33B—1 et seq.). Defendant contends that the Act is unconstitutional in that it (1) was enacted in violation of article IV, section 8(d), of the Illinois Constitution because it was not read three times in the House of Representatives; (2) does not permit consideration of the offender’s personal characteristics and seriousness of the offense in violation of the due process clause and eighth amendment of the United States Constitution; (3) places the sentencing discretion in the State’s Attorney rather than the judiciary in violation of the separation of powers doctrine of the Illinois Constitution and eighth amendment of the United States Constitution; and (4) violates the provisions of the Illinois and United States Constitutions prohibiting ex post facto laws and double jeopardy. Each of these arguments has been addressed and rejected in numerous appellate court decisions. (See People v. Sims (1987), 166 Ill. App. 3d 289, 302-03 [, 519 N.E.2d 921 ] (compilation of cases upholding the constitutionality of the Act).) Most recently, this court adopted these holdings and rejected the identical four challenges presented here. (See People v. Westefer (1988), 169 Ill. App. 3d 59, 64-65 [, 522 N.E.2d 1381 ].) Defendant’s contentions do not raise new theories nor present compelling arguments for this court to retreat from Westefer or the num”

   1 later decision quote this exact passage · from the majority
   e.g. 263 Ill. App. 3d 83 - People v. Dunigan

3. ““Although section 6 — 2(e) precluded the jury from considering whether defendant sustained his burden of proving insanity until it first determined whether the State sustained its burden of proving all of the elements of the offense, nothing in that statute or in the instructions given in this case precluded the jury from using defendant’s evidence to find one of the State’s elements (i.e., mens rea) missing. (See Ill. Rev. Stat. 1985, ch. 38, par. 6 — 2(e).) *** Accordingly, we hold that section 6 — 2(e), placing the burden of proving insanity on defendant and requiring that the jury be instructed to first determine whether the State met its burden of proving defendant guilty beyond a reasonable doubt before considering whether defendant sustained his burden of proving insanity, is constitutional.” (Emphasis in original.) McDarrah, 175 Ill. App. 3d at 295 .”

   1 later decision quote this exact passage · from the majority
   e.g. 179 Ill. App. 3d 667 - People v. Clemons