Simmons v. State’s Empirical Analysis

Citation profile

152 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 152 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'rationally based and ... helpful to the fact-finder.'”

   11 later decisions quote this exact passage
   e.g. Oken v. State · Fisher and Utley v. State

2. “Although the ultimate burden of proving the absence of mitigation rests upon the State when that issue is properly in the case, the burden of initially producing “some evidence” on that issue (or of relying upon evidence produced by the State or adduced from witnesses called by the State) sufficient to give rise to a jury issue with respect to mitigation, is properly cast upon the defendant. Sims was singularly unsuccessful in placing before the jury evidence sufficient to fairly generate the issue of mitigation by hotblooded response to adequate provocation.”

   2 later decisions quote this exact passage
   e.g. 195 Md. App. 647 - Wilson v. State · Dykes v. State

3. ““The source of the evidence is immaterial; it may emanate solely from the defendant. It is of no matter that the self-defense claim is overwhelmed by evidence to the contrary. If there is any evidence relied on by the defendant which, if believed, would support his claim that he acted in self-defense, the defendant has met his burden. Then the baton is passed to the State. It must shoulder the burden of proving beyond a reasonable doubt to the satisfaction of the jury that the defendant did not kill in self-defense.””

   2 later decisions quote this exact passage
   e.g. State v. Smullen · 90 Md. App. 204 - McKay v. State