State v. Gutheil’s Empirical Analysis

Citation profile

2 federal appellate · 7 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. ““What was it that Gutheil did or did not do that shows he acted recklessly and in marked disregard of the rights of others or which shows that he drove in a manner dangerous to the lives of others? 'The record is silent upon this question of fact. A death resulted from the eollosion; but from that fact alone we do not presume that any party was at fault. A criminal case re/quires proof of each element of the crime by evidence that convinces one beyond all reasonable doubt of the existence of each such element. Criminal negligence evidenced by a dereliction of some kind conforming to at least one of the definitions we have set out, is a necessary element of the crime charged here. We are unable to point' to evidence of that dereliction and most certainly the jury would find itself in the same dilemma. The ease should not have been submitted to them.””

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