State v. Copenbarger’s Empirical Analysis

Citation profile

10 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. ““You are instructed that where a building is burned the presumption is that the fire was caused by accidental or natural causes. That is to say, the mere fact that a building is burned is not evidence that it was incendiary or caused by criminal act. In this case the burden of proving beyond a reasonable doubt that the fire was not accidental or due to natural causes is upon the Plaintiff, and, unless the evidence establishes beyond a reasonable doubt that the fire was incendiary or caused by criminal act, you must acquit the Defendant.””

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

2. ““* * * If the proof on the part of the prosecution tends to show that the homicide amounts only to manslaughter, * * * then no burden is placed on the defendant to prove any circumstances of mitigation, * * *. “We do not mean to say that, under the circumstances, the jury is required to believe the exculpatory matter * * *. The only effect of the rule is to deprive the state of the benefit of the presumption of malice. * * * ” (p. 387)”

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

3. ““Where the state’s case is bare of exculpatory evidence, there is no question as to the application of the rule contended for by the Attorney General. * * *. “* * * The difficulty with the state’s position is that it seeks the benefit of the presumption, even though it presented evidence in extenuation.” (p. 385)”

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