411 So. 2d 839 - Smith v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"1. By statute, there is a presumption of sanity extending to all persons over the age of 14. "2. The defense of insanity is an affirmative defense. The burden of proving this defense rests upon the defendant and never shifts to the state. "3. The burden upon the defendant is to establish the issue of legal insanity by a preponderance of the evidence and to the reasonable satisfaction of the jury. "4. The question of insanity at the time of the commission of the crime is a matter to be determined by the jury from a consideration of all the evidence. "5. In making its determination, the jury may reject all expert testimony though it is without conflict. "6. However, opinion testimony, even of experts must be weighed by the jury and may not be arbitrarily ignored."”

   1 later decision quote this exact passage
   e.g. 418 So. 2d 199 - Thomas v. State

2. “"For all that appears from the record, we can find no facts which would give rise to a reasonable inference to sustain the jury's conclusion that appellant's act was that of a sane man; hence the conviction could only prevail because of the rebuttable statutory presumption of sanity. Because we consider the appellant has conclusively overcome this presumption of sanity by the great preponderance of the evidence, the jury's decision cannot stand."”

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