State v. Preis’s Empirical Analysis

Citation profile

67 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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““While the presumption may take the place of proof and be prevailing in the absence of any evidence to the contrary, the presumption is not one of law; it is to be drawn by the jury as a matter of fact. It is a presumption of fact which permits the jury to find intent from the use of a deadly weapon. A presumption of fact is nothing more than a prima facie inference which shifts the burden of going forward with the evidence to the defendant to prove circumstances of mitigation or circumstances that justify or excuse the killing unless the state’s proof does not amount to murder. A.R. S. § 13-454.””

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

2. ““If the trial court concludes thereafter that the confession was freely and voluntarily made or there is a conflict as . to whether it was freely and voluntarily made it must admit it into evidence and then submit it to the jury under proper instructions.””

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

3. ““The only thing required is that it must appear to the reasonable satisfaction of the trial court that the confession was not obtained by threats, coercion or promises of immunity.””

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