State v. Haberlein’s Empirical Analysis

Citation profile

48 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “is only required 'where there is some evidence which would reasonably justify a conviction of some lesser included crime.'”

   4 later decisions quote this exact passage · from the concurrence
   e.g. State v. Perez-Medina · State v. Charles

2. “"While the evidence of premeditation in this case was extremely strong, there also was at least some evidence of each of the other elements of first-degree premeditated murder, and these elements are identical to the elements of second-degree intentional murder. Thus, at least in theory, the jury could have chosen to convict [the defendant] of second-degree intentional murder without having its verdict subject to reversal for insufficient evidence. This means the instruction was factually supported." 296 Kan. at 204 , 290 P.3d 640 .”

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

3. “'whether, after review of all the evidence, viewed in the light most favorable to the prosecution, the appellate court is convinced that a rational factfinder could have found the defendant guilty beyond a reasonable doubt.'”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Perez-Medina · State v. Soto