People v. Barker’s Empirical Analysis

Citation profile

3 federal appellate ·

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

1. “The decedent was eighty-one years old, walked with a cane, and was described as being unsteady on his feet. The defendant is in her early twenties, five feet, seven inches tall, and weighs 170 pounds. The evidence thoroughly contradicted the defendant’s version of how and why she killed the elderly and infirm victim. We agree with Judge Marilyn Kelly’s concurring opinion in the Court of Appeals that, on this record, no reasonable juror would have believed the defendant’s claim of self-defense. Defendant bludgeoned the deceased ten times and stabbed him thirty-two times. Some of the wounds appeared to have been inflicted while he attempted to crawl away. No reasonable juror could have believed such force was necessary to prevent rape by the enfeebled deceased.”

   1 later decision quote this exact passage
   e.g. 993 F. Supp. 592 - Barker v. Yukins

2. “It cannot properly be said that no reasonable juror would have believed that Madsen [the victim] made a sexual assault" on Barker. Nor can it properly be said that an instruction that Barker could use deadly force to prevent oral sexual advances — Barker’s lawyer spoke of Madsen seeking to kick Barker’s body — may not have resulted in acquittal, conviction of a lesser offense, or another mistrial because all twelve jurors were unable to agree on a verdict.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 993 F. Supp. 592 - Barker v. Yukins