State v. Wright’s Empirical Analysis

Citation profile

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

1. “I submit to you that it would be extremely unreasonable for a little girl to come to court and go through all of this if it didn’t happen and for her to go through all she’s gone through under this cross-examination. It is reasonable to believe what we’ve told you because it is in fact the truth. You have Instruction Number 4 which tells you a little bit about reasonable doubt. It says a reasonable doubt is a doubt based upon the reason and common sense after careful and impartial consideration of all the evidence in this case. That means that when you go back in the jury room you don’t have to leave your common sense behind. A reasonable doubt is not an impossible burden, rather that I expect the defense attorney may try to tell you that it is. The law does not require proof beyond all reasonable doubt and if you think about it you probably don’t know anything beyond all doubt. I know beyond a reasonable doubt the world is basically round, but I’ve never been around the world. I know beyond a reasonable doubt that that’s Mr. Martin sitting there, the defense attorney, the same man that was here this morning, but I could never prove to you beyond a reasonable doubt, all doubt, that a twin brother didn’t come in this afternoon, but reasonable doubt is based upon common sense and that’s the point I’m trying to make.”

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

2. “MAI-CR provides the required instruction [now MAI-CR 3d 302.04] on burden of proof and related matters, including reasonable doubt, and it precludes both court and counsel from defining or elaborating upon the instruction.... [F]or 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. Elliott