State v. Johnson’s Empirical Analysis
1983
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently July 2022
20 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 In the Matter of Samuel Winship · Morissette v. United States · Sandstrom v. Montana · Mullaney v. Wilbur · United States v. United States Gypsum Co.
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[Ujnder the pronouncements of Sandstrom and Johnson , the jury must be clearly instructed as to the nature and extent of the presumption and that it does not shift the burden of proof to the defendant. Any instruction which may reasonably lead the jury to believe that a presumption is conclusive or that the burden to disprove an element of the crime rests with the defendant is unconstitutional.” 233 Kan. at 986 .”
4 later decisions quote this exact passage · from the majoritye.g. State v. Macomber · State v. Hebner““It has long been recognized that any instruction which shifts the burden of proof or of persuasion to the defendant is unconstitutional and is clearly erroneous. It appears that under Sandstrom any instruction which might reasonably be construed by the jury as shifting the burden of proof to the defendant is also unconstitutional.” p. 985.”
2 later decisions quote this exact passage · from the majoritye.g. State v. Jackson · State v. Valdez“[A] rebuttable statutory presumption constitutes a rule of evidence . . . .”
1 later decision quote this exact passage · from the majoritye.g. State v. Macomber
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.