State v. Grell’s Empirical Analysis

Citation profile

10 federal appellate · 39 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As the High Court has explained, “[t]he function of a standard of proof, as that concept is embodied in the Due Process Clause and in the realm of factfinding, is to instruct the factfinder concerning the degree of confidence our society thinks he should have in the correctness of factual conclusions for a particular type of adjudication.” While the risk of error in a particular adjudication does not vary depending on the standard of proof adopted, the burden allocates that risk between the parties. A more stringent burden of proof imposes on a party a higher risk of an erroneous decision. In a criminal proceeding, an allocation of risk complies with due process “unless it offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental.” Generally, in examining state burdens of proof, the High Court gives “substantial deference” to procedures grounded in the common law tradition, weighs their impact on “any recognized principle of fundamental fairness in op eration” and, to a lesser extent, gives consideration to contemporary practice.”

   1 later decision quote this exact passage
   e.g. Commonwealth v. DeJesus

2. “The defense claims to have clearly shown that Grell has deficits in two of the eleven areas listed in the DSM-IV and therefore has mental retardation. The DSM-IV definition of mental retardation, however, while similar in overall meaning, is not the same as the [Arizona] statutory definition. The statute requires an overall assessment of the defendant’s ability to meet society’s expectations of him. It does not require a finding of mental retardation based solely on proof of specific deficits or deficits in only two areas.”

   1 later decision quote this exact passage · from the majority
   e.g. Smith v. Ryan

3. “[T]he absence of mental retardation is not the functional equivalent of an element of an offense such that determining its absence or presence requires a jury trial under Ring .”

   1 later decision quote this exact passage · from the concurrence
   e.g. People v. Skinner