18 Wash. App. 467 - State v. Modica’s Empirical Analysis

Citation profile

1 federal appellate · 12 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When a defendant claims that he or she killed another in the defense of his or her own person, the burden is upon the defendant to prove that the homicide was done in self-defense. However, it is not necessary for the defendant to prove this to you beyond a reasonable doubt, nor by a preponderance of the evidence. The defendant sustains this burden of proof if from a consideration of all the evidence in the case you have a reasonable doubt as to whether or not the killing was done in self-defense.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 20 Wash. App. 152 - State v. Bradley

2. “In view of the decisions in Mullaney and Kroll , it is now only permissible to place upon the defendant the obligation to produce evidence, from whatever source, tending to establish self-defense. The obligation to prove the absence of self-defense must remain at all times with the prosecution. Such a formulation is in accord with the emerging "majority rule" in this country . . .”

   1 later decision quote this exact passage · from the concurrence
   e.g. 20 Wash. App. 152 - State v. Bradley

3. “will consider errors raised for the first time on appeal if constitutional issues are involved.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 20 Wash. App. 637 - State v. Deiro