Kinsey v. State’s Empirical Analysis

Citation profile

66 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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The State asserts that Kinsey did not preserve the issue for review because he did not identify the specific elements he alleged were lacking to the circuit court to preserve the issue for this court's review; rather, Kinsey made only a general motion. Here, based on the record before us, Kinsey generally argued that the State failed to negate self-defense, but in his directed-verdict motion, Kinsey failed to identify specifically how the State's proof was insufficient to meet its burden-e.g., whether the State failed to show that Kinsey lacked a reasonable belief that the victims were about to use deadly force; whether the State failed to demonstrate that Kinsey could not have retreated safely; or whether the State failed to demonstrate that the victims were not committing, or were about to commit, a felony involving force or violence. Accordingly, Kinsey did not identify the specific elements to the circuit court that he now claims the State did not meet and therefore did not preserve the issue for review. Thus, we do not reach the merits on this point and affirm the circuit court.”

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

2. “). Reynolds's directed-verdict motion was thus clearly insufficient to preserve for appeal his challenge to the sufficiency of the evidence. III. Jury Instructions In what is actually his first point on appeal, Reynolds argues that the circuit court erred in refusing to instruct the jury with a modified version of AMI Crim. 2d 2610, which is the jury instruction for domestic battering in the first degree. AMI Crim. 2d 2610 states that in order to prove the offense of domestic battering in the first degree, the State must prove beyond a reasonable doubt that the defendant”

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

3. “steadfast in our holdings that ... we will not address the merits of an appellant's insufficiency argument where the directed-verdict motion is not specific.”

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