Hawkins v. State’s Empirical Analysis

Citation profile

2 federal appellate · 165 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 175 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If you believe from the evidence beyond a reasonable doubt that the defendant committed the acts alleged, but you further believe, or you have a reasonable doubt thereof, that, at the time of the alleged acts, he had through mistake formed a reasonable belief about a matter of fact, to-wit: the child, Austin Green, was his biological child, and that said mistaken belief negated the culpability required for the commission of the offense, as stated in Paragraph IV of this charge, you will find the defendant not guilty. But, if you believe beyond a reasonable doubt that the defendant had not through mistake formed a reasonable belief about a matter of fact, to-wit: the child, Austin, [sic] Green, was his biological child, or that such belief did not negate the kind of culpability required for the commission of the offense, as stated in Paragraph IV of this charge, you will find against the defendant on this defense.”

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

2. “I think another way that you might be able to determine whether or not he is likely to do a criminally violent act in the future would be to look to the Defendant himself. You have been able to observe him during this trial. Have you seen any showing of remorse? Have you seen him—a showing of any type of reform or I’m sorry I did this? Ladies and gentlemen, you’ll just have— and Ladies and gentlemen, let me clear that up a little bit. What I am speaking of when I am speaking of no remorse is the fact that the Defendant has been sitting here like the rest of the Counsel for six weeks and you have had ample opportunity to observe his physical actions in the courtroom and my remarks are only limited to your physical observation of him.”

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

3. “For a person to be deemed `criminally negligent' there must actually be both a substantial and an unjustifiable risk that the result will occur, and that the person acting should, under all the circumstances as viewed from his standpoint, have perceived the risk, and if you have a reasonable doubt as to whether such matters have been established, then you would be bound to acquit the defendant.”

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