State v. Pioletti’s Empirical Analysis

Citation profile

80 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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““You are instructed that a reasonable doubt is just what the words themselves imply — a doubt founded on reason. It is such a doubt as a juror is able to give a reason for. “A ‘reasonable doubt’ is not a mere possibility, an imaginary doubt, a doubt arising from a whim, mere fancy or a sudden change of mind without any apparent or adequate reason therefore. It cannot be based on groundless conjecture. “Reasonable doubt is that state of the case which, after a comparison and consideration of all the evidence presented to you, leaves your mind in that condition that you cannot say you have an abiding conviction to a moral certainty of the guilt of Mr. Walker. A juror has a reasonable doubt when he does not have an abiding conviction of mind, founded on the evidence or want of evidence, to a moral certainty that convinces and directs his understanding and satisfies his reason and judgment that Mr. Walker is guilty as charged. “Stated another way, if you have a reasonable doubt as to the existence of any of the claims in instruction no. 10 or no. 11, you must find Mr. Walker not guilty. If you have no reasonable doubt as to the existence of any of the claims in instruction no. 10 or no. 11, you must find Mr. Walker guilty.” (Emphasis added.)”

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

2. ““If, by unanimous vote, the jury finds beyond a reasonable doubt that one or more of the aggravating circumstances enumerated in K.S.A. 21-4625 and amendments thereto exist and, further, that the existence of such aggravating circumstances is not outweighed by any mitigating circumstances which are found to exist, the defendant shall be sentenced pursuant to K.S.A. 21-4628 and amendments thereto; otherwise, the defendant shall be sentenced as provided by law. The jury, if its verdict is a unanimous recommendation of a sentence of a mandatory term of imprisonment of 40 years, shall designate in writing, signed by the foreman of the jury, the statutory aggravating circumstances which it found beyond a reasonable doubt. If, after a reasonable time for deliberation, the jury is unable to reach a verdict, the judge shall dismiss the jury and impose a sentence of imprisonment for life with eligibility for parole and shall commit the defendant to the custody of the secretary of corrections. In nonjury cases, the court shall follow the requirements of this subsection in determining the sentence to be imposed.” (Emphasis supplied.)”

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

3. ““ ‘When an accused is charged in one count of an information with both premeditated murder and felony murder it matters not whether some members of the jury arrive at a verdict of guilt based on proof of premeditation while others arrive at a verdict of guilt by reason of the killer’s malignant purpose.’ We have further held that the State is not required to elect between premeditated and felony murder, as K. S.A. 21-3401 established the single offense of murder in the first degree, and only provides alternative methods of proving the crime.” 246 Kan. at 64 . (Emphasis added.)”

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