Stout v. State’s Empirical Analysis

Citation profile

3 federal appellate · 28 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'inferred from the circumstances, such as the character of the weapon used, the manner in which it was used, the nature, extent and location of the wounds inflicted, the conduct of the accused and the like.'”

   2 later decisions quote this exact passage
   e.g. McLemore v. State · Thomerson v. Lockhart

2. “Appellant contends that the circumstances do not exclude every other reasonable hypothesis other than that appellant acted with premeditation and deliberation. Ordinarily, this determination is for the jury, particularly on the question of the reasonableness of another hypothesis, if the evidence does more than give rise to a suspicion and does not leave the jury solely to speculation and conjecture in determining whether other hypotheses are excluded. Upton v. State, 257 Ark. 424 , 516 S.W. 2d 904 ; Abbott v. State, 256 Ark. 558 , 508 S.W. 2d 733 . On appellate review of the question, we view the evidence in the light most favorable to the state. Abbott v. State, supra. When we do so, and remember that the jury rejected appellant’s version, the evidence is sufficient. See Leonard v. State, 251 Ark. 1090 , 476 S.W. 2d 807 ; McCray v. State, 254 Ark. 601 , 494 S.W. 2d 708 .”

   1 later decision quote this exact passage
   e.g. Westbrook v. State