339 So. 2d 209 - Fitzgerald v. State’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In criminal litigation, it is well recognized that only a permissive presumption may be applied, i.e., a presumption which allows the jury to find the presumed fact once the basic fact is proven but does not require such a finding by the jury. Application of other types of presumptions, such as mandatory or conclusive, would substitute the proof of the basic fact for that of the presumed fact, and the proof of the basic fact would be the onlv issue tried. In criminal cases, the jury must be allowed to determine whether a reasonable doubt exists for any element of the crime” 339 So.2d 211 .”

   2 later decisions quote this exact passage
   e.g. 49 Fla. Supp. 123 - Dade County v. O'Donnell · 398 So. 2d 804 - State v. Ferrari

2. “that a criminal statutory presumption must be regarded as `irrational' or `arbitrary,' and hence unconstitutional, unless it can at least be said with substantial assurance that the presumed fact is more likely than not to flow from the proved fact on which it is made to depend. And in the judicial assessment the congressional determination favoring the particular presumption must, of course, weigh heavily.”

   1 later decision quote this exact passage
   e.g. MacMillan v. State