State v. Demmings’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]t is error to confine the jury's consideration of the character evidence to the question of the credibility of the defendant as a witness. * * * We believe the trial court, when requested, has an obligation in a case such as this to specifically instruct the jury on the proper use of the character evidence. Unless the trial court does so, there is a danger that the jury will simply reject the evidence as an attempt by defendant to gain sympathy, even though the evidence may be the defendant’s chief means of meeting and rejecting the charge. While there may be cases where the evidence of defendant’s guilt is so strong that errors of this kind would not require reversal, this is not such a case. In reversing, we do not mean to suggest that the trial court on retrial should use the instruction requested by defendant. That instruction would have the effect of overemphasizing the importance of character evidence since it suggests that character evidence by itself may establish a reasonable doubt. A correct instruction would emphasize that the jury should consider the character evidence along with all the other evidence in the case in determining whether they are convinced of defendant’s guilt beyond a reasonable doubt. What we said in State v. Sauer, [ 38 Minn. 438, 440 , 38 N.W. 355, 356 (1888)], and State v. Dolliver, [ 150 Minn. 155 , 184 N.W. 848 (1927)], should provide the trial court with a sufficient basis for preparing such a proper instruction.”

   2 later decisions quote this exact passage
   e.g. State v. Carver · State v. Crace

2. “In this case you have heard evidence as to the character of defendant. Such evidence should be considered by the jury with all the other evidence in the case in determining whether the prosecution has proved the defendant’s guilt beyond a reasonable doubt. If you are satisfied of his guilt beyond a reasonable doubt, you must find him guilty, notwithstanding such character testimony. On the other hand, if, after considering all the evidence, that of character included, you have a reasonable doubt, you must acquit.”

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

3. “Evidence of good character has been offered in this case. Such evidence relates to the matter of credibility of a witness, and it should be considered along with the other tests used for determining credibility.”

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