State v. Jones’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * You can’t say that, because each one of you swore before Almighty God before this case started that ‘I have no belief one way or another about his guilt or innocence.’ Didn’t you take that oath? You did. You started from zero, not believing anything. And if you now believe he did it, the only thing that has happened from the time you took that oath to this minute is the State’s case and evidence. You’re not permitted to say, T don’t believe they proved it,’ because if you believe he did it and that belief is reasonable, he is guilty beyond a reasonable doubt. * * * Okay, now we are asking you, if you believe that he is presumed innocent and nobody believes he is guilty, right, so we start out believing nothing, neither that he is guilty, we believe he is not guilty. So then you start out from zero. Then you get to the point where you form the belief that he is guilty. If the only thing that has happened from the time you started the case to this point is the State’s evidence, and if you believe he is guilty from the State’s evidence and that’s all that has happened, you have to be finding him guilty because of the State’s evidence. If the belief that he is guilty is reasonable, you have found him guilty beyond a reasonable doubt.” (Emphasis added.)”

   2 later decisions quote this exact passage
   e.g. State v. Stewart · State v. Shelby

2. “Three things stand out about the argument in this case: First, the prosecutor told the jury that a “reasonable belief” satisfied the requirement of proof beyond a reasonable doubt. In so doing, he strayed into the language of civil proceedings where the burden of proof is submitted in terms of whether or not the jury believes the propositions in issue. MAI 3.01. The term “reasonably” [sic] is not employed in that connection, but it is inferred and certainly adds nothing to the requirement of belief. Thus, the prosecutor in this case undertook to define reasonable doubt in wholly erroneous terms. Second: The prosecutor’s statement was promptly objected to and the objections were overruled, giving the argument the imprimatur of the trial court. Third: The prosecutor was not content with a passing reference to the subject, but upon the overruling of defense objection, proceeded to repeat his erroneous definition of reasonable doubt. Neither Belleville nor Burnfin, invoked by the state, can justify disregard of the error in this case. The evidence of guilt was strong, but the rule announced in State v. Degraffenreid, 477 S.W.2d 57 (Mo. banc 1972) may not be applied to excuse as harmless the error in this case. 615 S.W.2d at 420 (cites omitted, emphasis added).”

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