State v. Vosler’s Empirical Analysis

Citation profile

2 district · 50 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The majority reached its result by reasoning that [defendant’s use of evidence of his mental condition to rebut the charge that he acted with premeditation and malice was aimed squarely at an element of the crime which the State had the burden to prove; that is, whether the defendant had the intent required to commit murder. * * * * * * In such a situation the fifth amendment requires that the State prove its case without compelling the defendant to submit to interviews by those in its employ.”

   1 later decision quote this exact passage · from the majority
   e.g. Hartless v. State

2. “You may consider any evidence received concerning the defendant’s mental condition as it bears on the presence or absence of the intent necessary to prove the crime charged. It is for you to determine from all of the facts and circumstances in evidence whether or not each defendant had the criminal intent or purpose [necessary to find the defendant guilty of first degree murder or murder in the second degree.]”

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

3. “[Wjhen insanity has not been pled as a defense and evidence concerning the defendant’s mental condition is introduced solely to establish that he lacked the ability to intend the obvious and probable consequences of his voluntary act, and thus is offered to rebut the presumption which flows from his act, the trial court should not define for the jury the elements of the insanity defense.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. McCracken