Madden v. State’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is not essential in this cause that the testimony of the prosecuting witness be-corroborated by other evidence. It is sufficient if, from all the evidence, you believe beyond a reasonable doubt that the crimes were committed by the Defendant as alleged.””

   2 later decisions quote this exact passage
   e.g. Curry v. State · Maslin v. State

2. “‘You are the exclusive judges of the evidence, the credibility of the witnesses and the weight to be given to the testimony of each of them. In considering the testimony of any witness, you may take into account his or her ability and opportunity to observe; the manner and conduct of the witness while testifying; any interest, bias or prejudice the witness may have; any relationship with other witnesses or interested parties; and the reasonableness of the testimony of the witness considered in the light of all of the evidence in this case. You should attempt to fit the evidence to the presumption that the defendant is innocent and the theory that every witness is telling the truth. You should not disregard the testimony of any witness without a reason and without careful consideration. If you find conflicting testimony you must determine which of the witnesses you will- believe and which of them you will disbelieve. In weighing the testimony to determine what or whom you will believe, you should use your own knowledge, experience and common sense gained from day to day living. The number of witnesses who testify to-a particular fact, or the quantity of evidence on a particular point need not control your determina tion of the truth. You should give the greatest weight to that evidence which convinces you most strongly of its truthfulness.””

   1 later decision quote this exact passage · from the dissent
   e.g. Maslin v. State

3. ““It is true that when more than one witness has testified in a case, and especially when their testimony is not consistent one with the other, it is improper for the trial court to comment on or overly emphasize a particular witness’s testimo-ny_ [Citation omitted.] However, in the case at bar, the victim was the only witness to testify concerning the identification of appellant and the acts her [sic] perpetrated upon her. It is totally unrealistic to take the position that it was necessary for the prosecuting witness’s testimony to be corroborated by other evidence. The instruction was a proper instruction.... [Citation omitted.] Inasmuch as the instruction was not repeated in other instructions, we cannot say that it was repetitious or unduly emphasized a particular aspect of the case. [Citation omitted.]””

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