Underhill v. State’s Empirical Analysis

Citation profile

39 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the burden rests with the movant to establish either the high probability or existence of such widespread bias in the community that an impartial jury cannot be ob tained.”

   2 later decisions quote this exact passage
   e.g. Lindsey v. State · Kahn v. State

2. “[While] mere presence at the scene of a crime is not sufficient to prove participation in a crime[,].... presence at the scene is one factor which the jury may consider in assessing a defendant's conduct, together with a failure to oppose a crime, companionship with one engaged therein, and a course of conduct before, during, and after an offense which tends to indicate complicity. Proof may occur by either direct or circumstantial evidence.”

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

3. “The presumption of innocence accorded each defendant is not “evidence” to support the innocence of the accused. Rather, it is merely a rule of law which describes the bare point from which the jury must begin its assessment of the evidence and its deliberations thereon. It is in this latter conceptual sense that the jury must understand and apply the pre sumption of innocence, (citations omitted)”

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