Rivera v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A three-part test has been established for determining whéther an error may achieve the status of plain error. First, the record must be clear as to the incident which is alleged as error. Second, the party claiming that the error amounted to plain error must demonstrate that a clear and unequivocal rule of law was violated. Finally, that party must prove that a substantial right has been denied him and as a result he has been materially prejudiced.”

   2 later decisions quote this exact passage
   e.g. Burnett v. State · Lane v. State

2. “INSTRUCTION NO. 2 The elements of the crime of murder in the first degree are: 1. On or about the date of December 28, 1997, in Laramie County; 2. The defendant, Erich Lane, killed [the victim]; and 3. Purposely; 4, With premeditation; and 5. With malice. If you find from your consideration of all the evidence that any of these elements has not been proven beyond a reasonable doubt, then you should find the defendant not guilty. If, on the other hand, you determine that the State has established beyond a reasonable doubt[ ] that the defendant did not act reasonably in self-defense and you find from your consideration of all the evidence that each of these elements has been proven beyond a reasonable doubt, then you should find the defendant guilty. INSTRUCTION NO. 6 If you are not satisfied beyond a reasonable doubt that the defendant is guilty of first degree murder, he may, however, be found guilty of any lesser offense, the commission of which is necessarily included in the offense charged, if the evidence is sufficient to establish the guilt of such lesser offense beyond a reasonable doubt. The offense of first degree murder, with which the defendant is charged, may include the lesser offenses of second degree murder and manslaughter. INSTRUCTION NO. 7 The elements of the crime of murder in the second degree are: 1. On or about the 28th day of December, 1997, in Laramie County; 2. The Defendant, Erich Lane[,] killed [the victim]; 3. Purposely[;] and[ ] 4. With malice, but”

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

3. “[Bleyond a reasonable doubt is not the same thing as beyond all doubt. It's not the same thing as beyond a shadow of a doubt. Would you all agree that proving something beyond all doubt or beyond a shadow of a doubt would be an impossible task? Does everyone realize that? Nothing could be proven beyond any doubt whatsoever, and so the State's burden of proof is not beyond any doubt or beyond all doubt or beyond a shadow of a doubt; it's beyond a reasonable doubt.”

   1 later decision quote this exact passage
   e.g. Jaime Solis v. The State of Wyoming