State v. Swenson’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[The burden of proving all elements of a crime is on the prosecution.”

   2 later decisions quote this exact passage
   e.g. State v. Stewart · State v. Maestas

2. “15 Under the federal constitution, the legislature may assign the burden of proof for an affirmative defense to a defendant so long as the defense does not negate an element of the offense. Put another way, the state must shoulder the burden of proof on all affirmative defenses that act to negate an element of the charged offense. While the federal rule is unambiguous, it is equally evident that Utah has developed a common law and statutory rule independent of, and more protective than, that articulated in federal jurisprudence arising from the due process clauses of the U.S. Constitution. The Utah rule requires that the prosecution "disprove the existence of affirmative defenses beyond a reasonable doubt onee the defendant has produced some evidence of the de fense.”

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