State v. Ortega’s Empirical Analysis
1991
Citation profile
8 federal appellate · 174 state decisions
How this case has been cited
Cited by 187 later decisions — most recently August 2024 · most notably State v. Rojo (1998), State v. Cunningham (2000)
8 federal appellate · 174 state decisions — followed in 10 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on In the Matter of Samuel Winship · Morissette v. United States · Sandstrom v. Montana · Solem v. Helm · Mullaney v. Wilbur
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 187 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“create a strong probability of death or great bodily harm”
7 later decisions quote this exact passage“[A]ny presumption which establishes a fact essential for conviction of the crime by proof of another fact, or which shifts to the defendant the burden of persuasion that the essential fact is not true, runs afoul of the Due Process Clause by conflicting with “the overriding presumption of innocence with which the law endows the accused and which extends to every element of the crime.””
3 later decisions quote this exact passage“as requiring proof that the defendant intended to kill the victim (or was knowingly heedless that his or her acts created a strong probability of death or great bodily harm)”
3 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.