Commonwealth v. Sleeper’s Empirical Analysis

Citation profile

2 federal appellate · 4 district · 22 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]n a civil case one side or the other has the burden of proving facts by what is called a fair preponderance of the evidence. Which really means simply to prove that a given fact is more likely, more probable than not. That’s the standard that exists in a civil case. But in a criminal case, and this is a criminal case, the burden that rests on the government is much greater than that. To simply prove in a criminal case that the defendant is more probably guilty than not is not nearly enough. In a criminal case, the facts must be proved beyond reasonable doubt, that means to a moral certainty. Anything less than that degree of conviction as to any fact or fact necessary to a conviction upon the particular charge would mean that the Commonwealth had not proved its case, and the defendant would be entitled to an acquittal. Now, a word of caution, however: proof beyond reasonable doubt does not mean proof beyond all doubt or an imaginary doubt. A reasonable doubt, for example, is not the doubt that might exist in the mind of a man or woman searching for some doubt or some excuse to acquit a defendant. It does not mean that and it does not mean absolute proof or proof to mathematical certainty, if indeed there is such a thing as mathematical certainty, but it does mean such proof as fully convinces you as reasonable persons now, earnestly seeking the truth, that the defendant is guilty. But if, after all is said and done, there remains in the minds of the jury any reasonable dou”

   1 later decision quote this exact passage
   e.g. 453 F. Supp. 2d 204 - Sleeper v. Spencer

2. “He opined that the depression experienced by [Sleeper] at various times during his life was not clinically significant, and that at the time of the stabbing [Sleeper] was not suffering from any significant mental illness, that he did not lack criminal responsibility, and that the depression he was experiencing did not interfere with his ability to meet the ordinary demands of life or produce a psychotic break with reality. Dr. Profit did not form an opinion as to whether [Sleeper] suffered from a “diminished capacity” because he had not been asked to examine him for that purpose, but he did testify that in his opinion [Sleeper] had the capacity to deliberately premeditate and act with malice aforethought at the time of the killing.”

   1 later decision quote this exact passage
   e.g. 453 F. Supp. 2d 204 - Sleeper v. Spencer

3. “opined that [Sleeper] was suffering from alcoholism, and an acute state of depression with psychotic features. He further opined that, although [Sleeper] did not lack criminal responsibility, he was overcome by a flood of emotion and his capacity to form the intent to kill was diminished at the time he stabbed [his wife]. On cross-examination, Dr. Ebert stated that [Sleeper] had the capacity to premeditate and to harbor malice up to the moment he began to hallucinate and stab his wife, but that such capacity was diminished.”

   1 later decision quote this exact passage
   e.g. 453 F. Supp. 2d 204 - Sleeper v. Spencer