Barnes v. People’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “While the instructions must be viewed as a whole, we have noted that where “two instructions are in direct conflict ... and one of the instructions is an incorrect and clearly prejudicial statement of law, the fact that the other instruction contains a correct statement of law cannot clear the error.” People v. Riley, 708 P.2d 1359, 1365-66 (Colo.1985). In this case, we do not believe the contradictory statements in other instructions cured the mandatory presumption created by Instruction 18 [the statutory presumption of intoxication].”

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

2. “[A] mandatory presumption shifts to the party against whom it operates either the burden of producing evidence or. the burden of persuasion, and if that party fails to satisfy this burden, the trier of fact must accept the presumed fact provided it finds the basic fact. On the other hand, a permissive presumption—more commonly described as a permissive inference—shifts no burden to the opposing party, but merely allows the trier of fact to find the inferred fact from the basic fact.”

   1 later decision quote this exact passage
   e.g. People in Matter of Rmd