Jensen v. Clements’s Empirical Analysis

Citation profile

4 federal appellate · 2 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is the burden of the State to prove beyond a reasonable doubt that the defendant formed the specific criminal intent of the crime of murder in the first degree. If you find that the State has failed to sustain that burden, by reason of the intoxication of [Defendant] then [Defendant] must be found not guilty of murder in the first degree. You may find [Defendant] guilty of murder in the second degree if the State has proved beyond a reasonable doubt each element of the crime of murder in the second degree.”

   1 later decision quote this exact passage · from the majority
   e.g. Malone v. Carpenter

2. “the importance of the witness' testimony in the prosecution's case, whether the testimony was cumulative, the presence or absence of evidence corroborating or contradicting the testimony of the witness on material points, the extent of cross-examination otherwise permitted, and, of course, the overall strength of the prosecution's case.”

   1 later decision quote this exact passage · from the majority
   e.g. Rhodes v. Dittmann

3. “inquiry cannot be merely whether there was enough to support the result, apart from the phase affected by the error.”

   1 later decision quote this exact passage · from the majority
   e.g. Rhodes v. Dittmann