Moore v. State’s Empirical Analysis

Citation profile

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

1. ““We have often held that the jury is the exclusive judge of all the evidence and may draw its own conclusions. ... In Freese, supra, the Court stated: ‘. . . The substance of the argument is that as appellant offered evidence tending to prove appellant’s unsoundness of mind, the jury was bound to acquit, in the absence of direct proof to the contrary. Unquestionably the sanity of the defendant must appear beyond a reasonable doubt, and, when the presumption of sanity that attends everyone has been overthrown or impaired, the State must reestablish it by competent proof, or the defendant should be acquitted. But it is the province of the jury, under proper instructions, to determine when the condition of sanity has been made doubtful, and when the doubt has been removed.’ Id. at 604, 65 N.E. 917 -918 (emphasis added). “. . . When the evidence is in conflict this court may not substitute its judgment for that of the jury.””

   1 later decision quote this exact passage
   e.g. 160 Ind. App. 697 - Fitch v. State

2. ““In Payne v. State (1970), 254 Ind. 100, 104 , 257 N.E.2d 818, 821 , we held that where there is a variance between the affidavit and the proof, it must have been of such a nature as to have misled the defendant in the preparation of his defense, or be of such a degree as to be likely to place him in double jeopardy.””

   1 later decision quote this exact passage
   e.g. 164 Ind. App. 665 - Wilson v. State

3. “A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law.”

   1 later decision quote this exact passage
   e.g. Moore v. Duckworth