Harvell v. Nagle’s Empirical Analysis

Citation profile

5 federal appellate · 1 district ·

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

1. “In a criminal case, however, the state must prove each of its contentions beyond a reasonable doubt and to a moral certainty. The law does not require the defendant to prove that he is innocent. His innocence is conclusively presumed until the contrary is established by the evidence beyond a reasonable doubt. The state, however, is not required to prove his guilt beyond all doubt. Moral and reasonable certainty is all that can be expected in a legal investigation.”

   1 later decision quote this exact passage · from the majority
   e.g. Felker v. Turpin

2. “'whether there is a reasonable likelihood that the jury understood the instructions to allow conviction based on proof insufficient to meet the Winship standard.'”

   1 later decision quote this exact passage · from the majority
   e.g. Anthony Keith Johnson v. State of Alabama

3. “[W]e consider [a reasonable doubt] instruction as a whole to determine if the instruction misleads the jury as to the government's burden of proof.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Hansen