State v. Olivera’s Empirical Analysis

Citation profile

41 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he [United States] Constitution neither prohibits trial courts from defining reasonable doubt nor requires them to do so as a matter of course. Indeed, so long as the court instructs the jury on the necessity that the defendant’s guilt be proven beyond a reasonable doubt, the [United States] Constitution does not require that any particular form of words be used in advising the jury of the government’s burden of proof. Rather, “taken as a whole, the instructions [must] correctly conve[y] the concept of reasonable doubt to the jury.””

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Iosefa · State v. French

2. “Where the exhibit is a drug or chemical in the form of a powder or liquid which is readily susceptible of alteration or substitution, the courts tend to be strict in requiring that a chain of custody be established which minimizes the possibility of any tampering with the exhibit.”

   2 later decisions quote this exact passage · from the majority
   e.g. 1 Haw. App. 546 - State v. Wilkins · State v. Lopes

3. “[i]n showing chain of custody, all possibilities of tampering with an exhibit need not be negated. Chain of custody is sufficiently established where it is reasonably certain that no tampering took place, with any doubt going to the weight of the evidence .... And despite the mere possibility that others may have had access to the exhibits, there exists a reasonable certainty that no tampering took place.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Mitchell