People v. Simien’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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Wjhere proper instructions are given concerning the presumption of innocence, the prosecution’s burden of proof, reasonable doubt, the essential elements of the offenses, and the definition of the requisite mens rea, the so called ‘mere presence’ instruction is necessarily encompassed by the instructions as a whole, and need not be given.”

   2 later decisions quote this exact passage
   e.g. 359 F. App'x 12 - Sam v. Hartley · People v. Chavez

2. “instruction. VI. Refusal to Instruct the Jury on a Lesser Included Offense Last, defendant contends the district court erred in failing to instruct the jury on the lesser included offense of possession of less than one ounce of marijuana. He argues he was entitled to such an instruction because there was a rational basis upon which the jury could have found that only the lesser amount of marijuana found on the plate in the cabinet belonged to him. We are not persuaded.”

   1 later decision quote this exact passage
   e.g. People v. Chavez