State v. Butler’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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The claim of mistaken belief, asserted here, and that of claim of right, adjudicated in Quisenberry are akin. Each goes to negative a mental state essential for conviction, and each imposes upon the defendant the burden to inject the issue. The barren statements by defendant Butler that there was no reason to suspect the incursion onto the premises and into the building to remove the property was without permission and that he had no intent to steal do not suffice as substantive evidence of mistaken belief. The evidence that the doors were closed and locked, that none of the management had given Wright permission to enter or to take any property, that none of the property inside the building or taken by Wright was his possession, the statement by the defendant [admitted]: ‘I ain’t going to do no time for taking junk,’ all are substantial evidence of a knowing and unlawful entry for the purpose of stealth (sic). There is no substantial evidence of conduct under mistaken belief. The issue was not submissible.””

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

2. “1. A person is not relieved of criminal liability for conduct because he engages in such conduct under a mistaken belief of fact or law unless such mistake negatives the existence of the mental state required by the offense. [[Image here]] 3. The burden of injecting the issue of reasonable belief that conduct does not constitute an offense under [subdivision] (1) ... is on the defendant.”

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