554 So. 2d 39 - State v. Cage’s Empirical Analysis

Citation profile

4 federal appellate · 31 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If you entertain a reasonable doubt as to any fact or element necessary to constitute the defendant's guilt, it is your duty to give him the benefit of that doubt and return a verdict of not guilty. Even where the evidence demonstrates a probability of guilt, if it does not establish such guilt beyond a reasonable doubt, you must acquit the accused. This doubt, however, must be a reasonable one; that is one that is founded upon a real tangible substantial basis and not upon mere caprice and conjecture. It must be such a doubt as would give rise to a grave uncertainty, raised in your mind by reasons of the unsatisfactory character of the evidence or lack thereof. A reasonable doubt is not a mere possible doubt. It is an actual substantial doubt. It is a doubt that a reasonable man can seriously entertain. What is required is not an absolute or mathematical certainty, but a moral certainty.”

   26 later decisions quote this exact passage
   e.g. Victor v. Nebraska · Adams v. Aiken

2. “Based upon his character and his propensities, easily we could have had three murder victims instead of one.”

   1 later decision quote this exact passage
   e.g. 588 So. 2d 1348 - State v. Kennon

3. “if taken out of context, might overstate the requisite degree of uncertainty and confuse the jury.”

   1 later decision quote this exact passage
   e.g. Cage v. Louisiana