Eichelberger v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If you find that the State has failed to prove any one of the essential elements of the charged crime of Murder, you should then decide whether the State has proved beyond a reasonable doubt all elements of the included crime of Voluntary Manslaughter which has been defined for you. If the State failed to prove each of the essential elements of the included crime beyond a reasonable doubt, the defendant should be found not guilty. If the State did prove each of the elements of the included crime beyond a reasonable doubt, you should find the defendant guilty of the lesser included crime. You must resolve reasonable doubt in favor of the accused downward from the specific crime charged through the included offense. You may not find the defendant guilty of more than one offense. Where there is a reasonable doubt existing in your minds as to which degree of an offense the defendant may be guilty of, he must be convicted of the lower degree only. If there is reasonable doubt as to all, then you must find the defendant not guilty.”

   1 later decision quote this exact passage
   e.g. Racxon Cruze McDowell v. State of Indiana

2. “[t]he State has the burden of proving beyond a reasonable doubt that the defendant was not acting under sudden heat.”

   1 later decision quote this exact passage
   e.g. Racxon Cruze McDowell v. State of Indiana