Gilbert v. Mullin’s Empirical Analysis

Citation profile

11 federal appellate · 2 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““to encourage unanimity (without infringement upon the conscientious views of each individual juror) by urging each juror to review and reconsider the evidence in the light of the views expressed by other jurors, in a manner evincing a conscientious search for truth rather than a dogged determination to have one’s way in the outcome of the deliberative process.””

   2 later decisions quote this exact passage · from the majority
   e.g. Darks v. Mullin · Darks v. Gibson

2. “As stated in my instructions, it is your duty to consult with one another and to deliberate with a view to reaching agreement if you can do so without violence to your individual judgment. Of course you must not surrender your honest convictions as to the weight or effect of the evidence solely because of the opinions of other jurors or for the mere purpose of returning a verdict. Each of you must decide the case for yourself, but you should do so only after consideration of the evidence with your fellow jurors. In the course of your deliberations you should not hesitate to reexamine your own views and to change your opinion if you are convinced it is wrong, whether you are in the majority or the minority. To bring 12 minds to a unanimous result, you must examine the question submitted to you openly and frankly with proper regard for the opinions of others and with disposition to reexamine your own views. Remember that if the evidence fails to establish guilt beyond a reasonable doubt, say so; if the evidence establishes guilt beyond a reasonable doubt, say so. As I instructed you earlier, the burden is upon the government to prove beyond a reasonable doubt every essential element of the crimes charged. Finally, remember that you are not partisans, you are judges, judges of the facts. Your sole interest is to seek the truth from the evidence. You are the exclusive judges of the credibility of the witnesses and the weight of the evidence. You may conduct your deliberations as ”

   1 later decision quote this exact passage · from the majority
   e.g. 87 F. App'x 83 - United States v. Sanders

3. “A procedural competency claim is based upon a trial court’s alleged failure to hold a competency hearing, or an adequate competency hearing, while a substantive competency claim is founded on the allegation that an individual was tried and convicted while, in fact, incompetent. The standards of proof for procedural and substantive competency claims differ. To make out a procedural competency claim, a defendant must raise a bona fide doubt regarding his competency to stand trial[.] This requires a demonstration that a reasonable judge should have doubted the defendant’s competency. It does not require proof of actual incompetency. A substantive competency claim, on the other hand, requires the higher standard of proof of incompetency by a preponderance of the evidence.”

   1 later decision quote this exact passage · from the majority
   e.g. Buchanan v. Lamarque