Desilien v. State’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 Jewell instruction “should not be given in every case in which a defendant claims a lack of knowledge, ‘but only in those comparatively rare cases where ... there are facts that point in the direction of deliberate ignorance.’ ” The instruction should not be given unless evidence is admitted supporting the inference that the defendant “purposely contrived to avoid learning all of the facts in order to have a defense in the event of a subsequent prosecution.” Further, a Jewell instruction should not be given when the evidence admitted at trial is “consistent only with a theory supporting the defendants’ actual knowledge, rather than conscious avoidance on their part.””

   2 later decisions quote this exact passage
   e.g. Salomon v. State · Dix v. State

2. “the jury could only find that [the defendant] either had actual or no knowledge that the substance was cocaine, `there is no evidence suggesting a middle ground of conscious avoidance.'”

   1 later decision quote this exact passage
   e.g. 633 So. 2d 1116 - Hallman v. State

3. “should not be given when the evidence admitted at trial is `consistent only with a theory supporting the defendants' actual knowledge, rather than conscious avoidance on their part.'”

   1 later decision quote this exact passage
   e.g. 633 So. 2d 1116 - Hallman v. State