Schuessler v. State’s Empirical Analysis

Citation profile

32 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he “factual conclusivity clause,” within Art. V, § 6, operates to limit our jurisdiction and confers conclusive jurisdiction on the courts of appeals to resolve questions of weight and preponderance of the evidence adequate to prove a matter that the defendant must prove. Moreover, when the courts of appeals are called upon to exercise their fact jurisdiction, that is examine whether [the defendant] proved his affirmative defense or other fact issue where the law has designated that the defendant has the burden of proof by a preponderance of the evidence, the correct standard of review is whether after considering all the evidence relevant to the issue at hand, the judgment is so against the great weight and preponderance of the evidence so as to be manifestly unjust.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Ex Parte Schuessler · Watson v. State

2. “Problems with the burden shifting in affirmative defense cases are presented in reviewing the sufficiency of both the affirmative defense and all the evidence. In order to preserve the minimum due process protection established in Jackson, supra, and Winship, supra, the court of appeals must be allowed to review the sufficiency of the evidence to support the defendant’s affirmative defense as well as the sufficiency of the evidence to support the conviction. Otherwise, a defendant’s constitutional right to a review of the sufficiency of the evidence to support his conviction is violated. For example, in a case in which the affirmative defense of insanity is asserted and the State responds with some form of rebuttal evidence, be it by cross-examination of defendant’s witnesses or by direct examination of their own witnesses, in order for the court of appeals to fulfill the Jackson test it must make some kind of determination on sanity because the evidence has made sanity an issue in the case. Without this review on sanity, in every case involving this affirmative defense issue, the appellate court would be constrained to find that the evidence supported the verdict because they would have to assume that the affirmative defense was not adequately proven. In short, the appellate court would have to accept the implicit jury finding on the affirmative defense even if irrational. [Emphasis in original]”

   1 later decision quote this exact passage · from the dissent
   e.g. Meraz v. State

3. “The trier of fact was not called on to view the evidence in the light most favorable to the prosecution in order to find “the essential elements of the crime beyond a reasonable doubt.” Rather, its function was to determine whether an accused has proved an affirmative defense “by a preponderance of the evidence.” Whatever standard governs appellate review of that determination is not controlled by the Due Process Clause nor required by Jackson .”

   1 later decision quote this exact passage · from the dissent
   e.g. Ex Parte Schuessler