Ex Parte Clark’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[A] conviction based solely on circumstantial evidence can be sustained only if the jury could have reasonably found that the State’s evidence excluded every reasonable hypothesis except that of the defendant’s guilt.... A possibility, even a probability, that the crime occurred in the way the State alleges is not enough to support a conviction, because ‘[m]ere possibility, suspicion, or guesswork, no matter how strong, will not overcome the presumption of innocence.’ ... If the circumstantial evidence can be reconciled with a theory that someone other than the accused might have done the criminal act, the defendant’s conviction must be reversed. [[Image here]] "... Speculations, suppositions, and probabilities, no matter how strong, are not sufficient to overcome the presumption of innocence_ Our law autho- rizes the State to inflict punishment for criminal acts only when the State’s evidence overcomes the presumption of innocence and establishes the defendant’s guilt beyond a reasonable doubt.””

   2 later decisions quote this exact passage
   e.g. Bankston v. State · 695 So. 2d 649 - Gibbs v. State

2. ““ ‘ “In reviewing a conviction based on circumstantial evidence, this court must view that evidence in the light most favorable to the prosecution. The test to be applied is whether the jury might reasonably find that the evidence excluded every reasonable hypothesis except that of guilt; not whether such evidence excludes every reasonable hypothesis but guilt, but whether a jury might reasonably so conclude.” ’ ””

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