State v. Burris’s Empirical Analysis

Citation profile

2 federal appellate · 19 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A jury is unconstitutionally misled if there is a reasonable likelihood that the instruction was applied in a manner that denied the defendant 'a meaningful opportunity for consideration by the jury of his defense.... to the detriment of a defendant's due process rights.'”

   3 later decisions quote this exact passage · from the dissent
   e.g. 382 Wis. 2d 414 - State v. Joseph T. Langlois · State v. Gonzalez

2. “'Wisconsin courts should not reverse a conviction simply because the jury possibly could have been misled; rather a new trial should be ordered only if there is a reasonable likelihood that the jury was misled and therefore applied potentially confusing instructions in an unconstitutional manner.'”

   2 later decisions quote this exact passage · from the dissent
   e.g. 387 Wis. 2d 156 - State v. Emmanuel Earl Trammell · State v. Gonzalez

3. “'show[s] both that the instruction was ambiguous and that there was a reasonable likelihood that the jury applied the instruction in a way that relieved the State of its burden of proving every element of the crime beyond a reasonable doubt.'”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Gonzalez · 352 Wis. 2d 329 - State v. Darryl J. Badzinski