State v. Falconer’s Empirical Analysis

Citation profile

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

1. “A defendant cannot be found guilty unless the State proves every element of the offense beyond a reasonable doubt, and an element of an offense means “ ‘the nonexistence of a defense as to which there is evidence in the case sufficient to give rise to a reasonable doubt on the issue.’” [Olander, 1998 ND 50, ¶¶ 19-20 , 575 N.W.2d 658 ] (quoting N.D.C.C. § 12.1 — 01—03(1)(e)). A defendant is entitled to a jury instruction on a defense if there is evidence that creates a reasonable doubt about an element of the charged offense. Id. at ¶20-Whether there is sufficient evidence to support a jury instruction is viewed in the light most favorable to the defendant. [State v. Gresz, 2006 ND 135, ¶ 6 , 717 N.W.2d 583 ].”

   2 later decisions quote this exact passage
   e.g. State v. Starke · State v. Zajac

2. “We have said, every fact given by an accomplice need not be corroborated. All that is needed is other evidence corroborating one or more material details or facts which tend to connect the defendant with the crime.”

   1 later decision quote this exact passage
   e.g. In Re JK

3. “such other evidence as tends to connect the defendant with the commission of the offense, and the corroboration is not sufficient if it merely shows the commission of the offense, or the circumstances thereof.”

   1 later decision quote this exact passage
   e.g. In Re JK