State v. Massey’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “MR. MOSS: ... What I need to know from you, though, is murder is made up like of three basic requirements, three basic legal elements. I have got to prove all three of them. If I do that, but you have a doubt about something else going in the case, can you still vote for conviction? You understand what I’m saying? [VENIREMAN MALONEY]: Yes. MR. MOSS: Could you? [VENIREMAN MALONEY]: Yes. MS. ROACH: Your Honor, object to the question by the prosecutor. I think he’s asking for a commitment, and he’s misleading the Jury in commenting on the law which is simply the your job, not the prosecutor’s job. THE COURT: Well, certainly both counsel are permitted to ask for a commitment that the Jury will follow the law. And that’s the only commitment that we can ask of you at this time. ****** MR. MOSS: Okay. Do you understand that I have the burden, the State has the burden of proof? [VENIREWOMAN FRANK]: I understand that, yes. MR. MOSS: All right, and the kind of proof I have to give you, the Judge has talked about, and that’s beyond a reasonable doubt, on the elements of the crime? IN [sic] other words, the crime will be made up of — and he’ll give you an instruction that says, “first, second, third,” and that sort of thing. And those things I have to prove beyond a reasonable doubt? I don’t have an additional burden. Now the question is, will you require me to exclude all doubt from your mind about everything that goes on in the case? [VENIREWOMAN FRANK]: I thought I understood that if ”

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

2. “MAI-CR provides the required instruction on burden of proof and related matters, including reasonable doubt, and it precludes both court and counsel from defining or elaborating upon the instruction. MAI-CR 2d 2.20, 2 Notes on Use. Nevertheless, courts have affirmed convictions where counsel has transgressed, either because opposing counsel failed to object, resulting in a stricter standard of review, or because evidence of an appellant’s guilt was strong enough to overcome any error, notwithstanding an objection. Convictions have also been affirmed because counsel’s remarks, although improper, were not incorrect. In other cases, courts have characterized counsel’s remarks as “discussion” rather than “definition,” and hence have found no reversible error. And courts have noted that brief remarks purporting to define “reasonable doubt,” although improper, do not result in reversible error so long as counsel does not unduly dwell upon the definition. Thus, for a decision to be reversed on this ground, counsel must state a definition of “reasonable doubt” that is incorrect. Opposing counsel must object at that point or face a stricter standard of review on appeal under which only manifest injustice can merit reversal. If that objection is overruled, the offending counsel must then continue to define “reasonable doubt” for the jury. (Citing authorities.)”

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

3. “Now, the reason that I asked that and the reason I’m going to talk about it a little more is that it is quite common and, frankly, it may be natural for people to want me to eliminate all doubt from your mind, okay ? Certainly if I were in your position I would feel a lot better about things if I knew the prosecutor could prove the case beyond all doubt, could wipe all doubt out of my mind about the case. But as a practical matter I can tell you that’s not going to happen and the law doesn’t require it. Under the law you can have all kinds of doubts, but if the particular elements have been proven to you then that’s enough. And for that matter you could even have doubts about the elements of the charge, so long as they don’t rise to that level of a reasonable doubt. In other words, you could have all sorts of speculation, all kinds of what ifs, and those don’t matter. Reasonable doubt is something you can describe, you can put your hands on. It’s something that’s based in reason and common sense. So if after listening to the evidence you’re convinced that those elements have been proven, you know, even if you’ve got these kind of what if doubts, “Yeah, I think he did it but what if?” that doesn’t matter. If it’s been proven to you beyond a reasonable doubt then under the law you have to find him guilty, okay?”

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