State v. Haremza’s Empirical Analysis

Citation profile

72 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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The general rule universally applied throughout the United States is that a statutory presumption will be upheld as constitutional if, in accordance with the experience of mankind, there is a natural and rational evidentiary relation between the fact proved and the one presumed; if the defendant has more convenient access to evidence relating to the fact to be presumed; and if, by requiring defendant to go forward with evidence to rebut the presumption, he is not thereby being subjected to unfairness or hardship. (Torcia, Wharton's Criminal Evidence, 13th Ed., Vol. 1, § 94.)"”

   5 later decisions quote this exact passage · from the majority
   e.g. In Re JL · State v. Kriss

2. ““* * * Where a person has written an insufficient funds check and receives property or other consideration therefor from the payee of the check, and further, where the maker of the check has been notified that the check has not been paid and fails to make payment within seven days after such notice, we find that there is nothing unreasonable or arbitrary in making such fact prima fade evidence of fraudulent intent or guilty knowledge. It appears to us that in the usual course of things where one person gives another a check, he intends to induce such person to give up some property right in reliance that the check will be paid on presentation. The notice provision gives to the drawer of the check a final opportunity in which to make the check good and is peculiarly for his benefit. In a worthless check case it is obviously the defendant who has the more convenient access to evidence relating to his intent and knowledge. These are matters within his own head and usually are not within the knowledge of the prosecutor.” (Id. at 207.)”

   3 later decisions quote this exact passage · from the majority
   e.g. 3 Ohio App. 3d 50 - State v. Adams · State ex rel. Walls v. Noland

3. ““Any person who, without the consent of any person, firm or corporation (municipal or private) engaged in the manufacture, distribution and sale of electricity or electric current, shall make a connection of any wire, conduit or device, to any electric service line, or transmission line used to carry electricity by any person, firm or corporation furnishing electricity, or electric current, for public or private use, or shall deface, puncture' remove, reverse, or alter any electric meter, or the connections thereof, for the purpose of securing unmeasured electricity or electric current unlawfully, owned or used by any person, firm or corporation so engaged in the manufacture, distribution and sale of electricity, or electric current; or shall prevent any such meters from properly measuring or registering electricity, or electric current; or shall knowingly take, receive, use or convert to his own use, or the use of another, any electricity, or electric current, which has not been measured; or shall cause, procure, permit, aid or abet any person to do any of the aforesaid acts, shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine of not more than one hundred dollars. “The existence of any of the aforesaid connections of meters, alterations or use of unmeasured electricity, or electric current, shall be prima facie evidence of intent to violate, and of the violation of this act by the person, or persons, using or receiving the direct benefits from t”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Kriss · 9 Kan. App. 2d 688 - State v. McConnell