Perez v. Irwin’s Empirical Analysis

Citation profile

9 federal appellate · 1 district ·

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

1. “In the instant case the phrase “moral certainty” was used not to emphasize the prosecution’s burden of proof, but rather incorrectly to define the degree of doubt necessary to entitle petitioner to an acquittal. By using the expression in this fashion the trial court placed the burden of the moral certainty requirement on the defendant rather than on the prosecution. As a consequence, in order for the jury to acquit the defendant, he was required to establish doubt of his guilt to the level of “moral certainty”, clearly contrary to the teachings of In re Winship.”

   1 later decision quote this exact passage · from the majority
   e.g. Chalmers v. Mitchell

2. “doubt to a moral certainty” diluted the government’s burden of proof by suggesting to the jury that to acquit, their doubt must rise to the level of moral certainty). The Perez court explained: In his general instructions on trial principles, the trial judge correctly defined reasonable doubt. Yet, in the course of the court’s specific instructions on the elements of the charged offenses the court repeatedly defined reasonable doubt as”

   1 later decision quote this exact passage · from the majority
   e.g. 828 F. Supp. 1413 - Morley v. Stenberg