O'CONNELL v. State’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. “... it is a fundamental concept in our law that the defendant comes into court presumed to be innocent of the charges; and this presumption remains throughout the trial of the case, until and unless it is overcome by competent proof of guilt beyond a reasonable doubt. Since the defendant is presumed to be innocent, he is not required to present any evidence to prove his innocence or to prove or explain anything. If at the conclusion of the trial there remains in your mind a reasonable doubt concerning the defendant’s guilt, you should find him not guilty. To this Amended Information the defendant has entered pleas of not guilty. Upon the issues thus joined, the burden rests upon the State of Indiana to prove to each of you, beyond a reasonable doubt, every essential element of the charges contained in the amended information. The Amended Information which has been filed against the defendant is merely the formal method of charging the defendant, and the charges must be proven by the evidence introduced during this trial. The burden is upon the State to prove beyond a reasonable doubt that the defendant is guilty of the crimes charged. It is a strict and heavy burden. The evidence must overcome any reasonable doubt concerning the defendant’s guilt. But it does not mean that a defendant’s guilt must be proved beyond all possible doubt. A reasonable doubt is a fair, actual and logical doubt based upon reason and common sense. A reasonable doubt may arise either from the evidence”

   2 later decisions quote this exact passage
   e.g. J.R. v. State of Indiana (mem. dec.) · Robert Lawrence Albores, Jr. v. State of Indiana

2. “The term voluntary is used in [ I.C. § 35-41-2-1(a) ] as meaning behavior that is produced by an act of choice and is capable of being controlled by a human being who is in conscious state of mind.”

   1 later decision quote this exact passage
   e.g. J.R. v. State of Indiana (mem. dec.)

3. “[a] person commits an offense only if he voluntarily engages in conduct in violation of the statute defining the offense.”

   1 later decision quote this exact passage
   e.g. J.R. v. State of Indiana (mem. dec.)