State v. Smith-Parker’s Empirical Analysis

Citation profile

65 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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'If you do not have a reasonable doubt from all the evidence that the State has proven murder in the first degree on either or both theories, then you will enter a verdict of guilty.'”

   6 later decisions quote this exact passage · from the majority
   e.g. 55 Kan. App. 2d 595 - State v. Green · State v. Boothby

2. “"The State has the burden to prove the defendant is guilty. The defendant is not required to prove he is not guilty. You must presume that he is not guilty unless you are convinced from the evidence that he is guilty. "The test you must use in determining whether the defendant is guilty or not guilty is this: If you have a reasonable doubt as to the truth of any of the claims required to be proved by the State, you must find the defendant not guilty. If you have no reasonable doubt as to the truth of each of the claims to be proved by the State, you should find the defendant guilty ." (Emphasis added.)”

   3 later decisions quote this exact passage · from the majority
   e.g. 55 Kan. App. 2d 595 - State v. Green · State v. Gibson

3. “[a] judge cannot compel a jury to convict, even if it finds all elements proved beyond a reasonable doubt.”

   3 later decisions quote this exact passage · from the majority
   e.g. 55 Kan. App. 2d 595 - State v. Green · – State v. Pruitt –