643 So. 2d 587 - Ex Parte Kirby’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. “"Now, the burden of proof in this case... is on the state or the government entity that charges a person with having violated the law to prove that person's guilt beyond a reasonable doubt and to a moral certainty. Now you have heard that phrase used, no doubt, all of your life. I'm going to try to define it for you now as the law defines it. The law says a doubt which would justify an acquittal, that is not guilty, must be an actual and substantial doubt, not just a mere possible doubtโ€” strike that. The law says a doubt which would justify an acquittal must be an actual doubt, not just a mere possible doubt. A reasonable doubt is not a mere guess or surmise and it is not a capricious doubt. If after considering all of the evidence in the case you have an abiding conviction of the truth of the charge, the charge in all of the cases or the charge in one case or two cases, three cases, etc., then you're convinced beyond a reasonable doubt and it would be your duty to convict the defendant in any case or all cases that you are convinced beyond a reasonable doubt and to a moral certainty that he's guilty. On the other hand, if after considering all the evidence in the cases you do not have an abiding conviction of the truth of the charge or charges, then you're not convinced beyond a reasonable doubt and it would be your duty to acquit the defendant on all the charges or any charge that you have not been convinced beyond a reasonable doubt and to a moral certainty that he is gu”

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

2. “"Before a conviction can be had in this case, the State must satisfy each and every member of the jury of the defendant's guilt beyond a reasonable doubt. Even if the State demonstrates a probability of guilt, if it does not establish it beyond a reasonable doubt, it would be your obligation to acquit the defendant. The phrase reasonable doubt is self-explanatory. Efforts to define it don't always clarify it. Sometimes it's easier to tell you initially what it's not then tell you what it is. "First, it's not a mere possible doubt because everything related to human affairs is open to some possible or imaginary doubt. A reasonable doubt is a doubt of a fair-minded juror, honestly seeking the truth, after careful and impartial consideration of all the evidence in the case. It's the doubt based on reason and based on common sense. It doesn't mean a vague or arbitrary notion. It's an actual doubt based upon the evidence, lack of evidence, a conflict in the evidence or combination of all those. It's a doubt that remains after going over in your mind the entire case and giving consideration to all the testimony. It's distinguishable from a doubt arising from mere possibility for bare imagination or fanciful conjecture."”

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