Austin v. Israel’s Empirical Analysis

Citation profile

1 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When there are no circumstances to prevent or rebut the presumption, the law presumes that a reasonable person intends all of the natural, probable and usual consequences of his deliberate acts. If one person assaults another violently with a dangerous weapon likely to kill and the person thus assaulted dies therefrom, then when there are no circumstances to prevent or rebut the presumption, the legal and natural presumption is that death was intended.” Transcript of the instructions, p. 5.”

   4 later decisions quote this exact passage · from the majority
   e.g. Spencer v. Israel, Warden · Drinkwater v. Gagnon

2. ““I am satisfied that there is no valid basis for distinguishing the [Wisconsin] instruction ... from the instruction found unconstitutional in Sandstrom . The interpretation of the instruction urged by the respondent is not an unreasonable one. Based upon the breadth of the instruction, the lack of any qualifying phrases to guide the jury and preclude an unconstitutional application, and the close similarity between the instruction at bar and the Sandstrom instruction, I find that reasonable jurors could easily have expected that it was the burden of the petitioner to persuade them that he did not intend to kill.” Id., at 467. (citation omitted).”

   1 later decision quote this exact passage · from the dissent
   e.g. 515 F. Supp. 1369 - Boyer v. Israel