Davis v. State’s Empirical Analysis

Citation profile

18 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'if there is substantial evidence of probative value supporting each element of the crime from which a reasonable trier of fact could have found the defendant guilty beyond a reasonable doubt.'”

   8 later decisions quote this exact passage
   e.g. Billy J. Burden v. State of Indiana · Alfonso Artigas v. State of Indiana

2. “'[i]t is the task of finders of fact, juries or judges, to determine in the first instance whether the evidence in a particular case adequately proves the elements of an offense.'”

   2 later decisions quote this exact passage
   e.g. Clancy v. State · Graber v. State

3. “The appellate courts have sometimes been willing to sanction convictions resting on rather slim levels of injury. See, e.g., Williams v. State, 520 N.E.2d 1261 (Ind.1988) (injury held “serious” when victim was struck in face and back of head, causing lacerations requiring several sutures to close); Sutton v. State, 714 N.E.2d 694 (Ind.Ct.App.1999) (evidence of black eye, soft tissue swelling, and migraine-like headaches causing victim to use aspirin on several occasions over two weeks held sufficient to establish “extreme pain”). Still, most of the cases cited by the present parties rightly focus on injuries that plainly reflect the sort of serious infliction of damage suggested by the statutory definition of “serious bodily injury.” See, e.g., Hollins v. State, 790 N.E.2d 100 (Ind.Ct.App.2003) (victim’s arm, injured by gunshot, was “useless” and likely to be amputated); Judy v. State, 470 N.E.2d 380 (Ind.Ct.App.1984) (beat with pool cue, victim’s leg broken in four places, hospitalized for four days, in a cast for three months, still limped at time of trial). To be sure, injuries less substantial than those in cases like Hollins and Judy can qualify as “serious bodily injury.” But measured against that standard and against the statutory definition, [Davis’s victims’ injuries, which included] a slightly lacerated lip and a broken pinky do not make the grade.”

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