People v. Theodore’s Empirical Analysis
1953
Citation profile
44 state decisions
How this case has been cited
Cited by 44 later decisions — most recently April 1985 · most notably 58 Cal. 2d 229 - People v. Perez (1962), State v. Morgan (1976)
44 state decisions
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 People v. Albertson · 37 Cal. 2d 656 - People v. Chavez · 37 Cal. 2d 584 - People v. Nor Woods · People v. Le Doux · People v. Chin Hane
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is a rule of law that a presumption constitutes a species of evidence which, unless controverted, is sufficient proof of the existence of the fact to which it relates (People v. Williams, 125 Cal.App. 387, 388 [ 13 P.2d 841 ]; People v. Little, 41 Cal.App.2d 797, 799 [ 107 P.2d 634 , 108 P.2d 63 ]; People v. Sberno, 22 Cal.App.2d 392 [ 71 P.2d 274 ]; Hefferman v. United States, 50 F.2d 553 ). “Appellants next insist that the foregoing presumption ‘clashes’ with the presumption of innocence. We fail to see the force of this argument. All presumptions as heretofore stated, are a species of evidence. Conclusive presumptions (Code Civ. Proc., §§ 1961, 1962) are not overcome by the presumptions of innocence, nor are many disputable presumptions so overcome (People v. LeDoux, 155 Cal. 535, 553 [ 102 P. 517 ]; People v. Cline, 79 Cal.App.2d 11, 15 [ 179 P.2d 89 ]).””
1 later decision quote this exact passage““While in,California the rule is that the character of an offense punishable by imprisonment- in- the state prison or by -fine .or imprisonment in a county jail, is determined by the actual sentence imposed, the rule under the Federal law is that the length of possible sentence which may be imposed is determinative. “Since the test to be applied in determining whether a person , has been convicted of a felony or a misdemeanor when he has violated a federal statute, is the punishment that may be inflicted and not what was actually imposed, it is manifest that the trial court was correct in allowing the introduction into evidence of the record of appellant Theodore’s prior conviction.” (Emphasis in original).”
1 later decision quote this exact passagee.g. State v. Morales
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.