Byrd v. Lewis’s Empirical Analysis

Citation profile

5 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In granting relief to Gibson, we concluded that the instructions addressing the prior uncharged acts impermissibly lowered the burden of proof “for the permissive inference” to be drawn from the uncharged acts. We held that the error was structural because the instructions “permitted the jury to find Gibson guilty of the charged sexual offenses by merely a preponderance of the evidence ...” Further, we found this to be clearly established constitutional law. However, Pulido instructs that “[a]n instructional error arising in the context of multiple theories of guilt” does not vitiate all the jury’s findings. The jury could have convicted Gibson on the theory that the inference from the prior uncharged acts warranted a finding of guilt, or it could have convicted Gibson on the theory that the direct testimony of the victim regarding the charged offenses warranted a finding of guilt, or on some combination of the two theories .... Although we are reluctant to do so, we must overrule Gibson to the extent that it applies structural error review to an instructional error that affects only an element of the offense, a permissible evidentiary inference, or a potential theory of conviction, as opposed to an instructional error that affects the overarching reasonable doubt standard of proof.”

   1 later decision quote this exact passage · from the majority
   e.g. Doe v. Busby

2. “The failure to return a vehicle that was obtained by consent in a timely manner does not by itself establish a violation of section 10851.... You should determine from the circumstances whether the continued use of a vehicle both as to the length of time and the manner clearly and substantially exceeded the scope of the consent given. If it does not clearly and substantially exceed the scope of the consent given, then the required criminal intent would not be clearly established.”

   1 later decision quote this exact passage · from the majority
   e.g. Doe v. Busby