State v. Burlison’s Empirical Analysis
1998
Citation profile
2 federal appellate · 2 district · 188 state decisions
How this case has been cited
Cited by 192 later decisions — most recently August 2024 · most notably State v. Bjorklund (2000), Schafersman v. Agland Coop. (2001)
2 federal appellate · 2 district · 188 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 Patterson v. New York · Martin v. Ohio · State v. Myers · State v. Grimes · State v. Mantich
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 192 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We are now persuaded that when read in conjunction with Neb. Rev. Stat. § 28-102 (1) (Reissue 1995), which defines the general purpose of the criminal code as “[t]o forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests,” and the provisions of Neb. Rev. Stat. §§ 28-1406 to 28-1413 (Reissue 1995) dealing with justification for use of force, the Legislature’s definition of second degree murder set forth in § 28-304(1) is not unconstitutionally over-broad. See State v. Ryan, supra (Gerrard, J., dissenting). Likewise, we are satisfied that in this context the statutes dealing with justification for use of force do not impose upon a defendant an unconstitutional shifting of the burden of proof, but, rather, a constitutionally permissible allocation of the burden of production, which when met by anything more than a scintilla of evidence requires the State to prove the lack of justification beyond a reasonable doubt.”
1 later decision quote this exact passage · from the dissente.g. State v. Iromuanya“`[T]o use a procedural default or waiver as a means of ignoring a plain error that results in an unconstitutional incarceration would place form over substance; would damage the integrity, reputation, and fairness of the judicial process; and would render the plain error doctrine and postconviction relief remedies meaningless.'”
1 later decision quote this exact passage · from the majority““ ‘The doctrine of stare decisis is grounded on public policy and, as such, is entitled to great weight and must be adhered to, unless the reasons therefor have ceased to exist, are clearly erroneous, or are manifestly wrong and mischievous or unless more harm than good will result from doing so.’ ””
1 later decision quote this exact passage · from the majoritye.g. State v. Reeves
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.