State v. Hollis’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`"[T]he state is not required in the first instance to introduce evidence to prove sanity, for the law presumes that all persons are sane, and this presumption of sanity takes the place of evidence in the first instance. It answers for evidence of sanity on the part of the state. But if evidence is introduced which tends to shake this presumption, the jury must then consider the same, and its effect upon the main issue of guilty or not guilty, and if upon considering the whole of the evidence introduced on the trial, together with the presumption of sanity, the presumption of innocence, and all other legal presumptions applicable to the case under the evidence, there should be a reasonable doubt as to whether the defendant is sane or insane, he must be acquitted.... [The defendant] is required only to raise a reasonable doubt as to his guilt. The burden of proof is always upon the state, and never shifts from the state to the defendant."' 240 Kan. at 529 (quoting State v. Crawford, 11 Kan. 32, 44-45 [1873])." 246 Kan. at 56-57.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Pioletti · State v. Baker

2. ““Defendant has claimed as a defense, insanity. “All persons are assumed to be sane unless the contrary appears from the facts and circumstances in the case. “If, upon consideration of the whole evidence, the defense asserted causes the jury to have a reasonable doubt as to defendant’s sanity at the time of the occurrence, the defendant should be found not guilty by reason of insanity. ””

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

3. ““There is a presumption of sanity in a criminal proceeding that may be relied upon by the prosecution to establish a prima facie case.””

   1 later decision quote this exact passage · from the majority
   e.g. Matter of Estate of Hendrickson