34 Md. App. 470 - Plummer v. Waskey’s Empirical Analysis
1977
Citation profile
27 state decisions
How this case has been cited
Cited by 27 later decisions — most recently February 2010 · most notably Urban Site Venture II Ltd. Partnership v. Levering Associates Ltd. Partnership (1995), 125 Md. App. 77 - Herd v. State (1999)
27 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 · Mullaney v. Wilbur · 28 Md. App. 640 - Evans v. State · Easter v. Mayor of Baltimore · NY LIBRARY ASS'N v. Atwater
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““What emerges is that the use of a presumption in the Morgan tradition may remain perfectly appropriate for civil litigation, where burdens even of ultimate persuasion may shift back and forth throughout the course of a trial. It is not inappropriate in such civil litigation to require a person asserting a position to bear the burden of proving that position. ‘The proponent of an issue bears the burden of that issue.’ Nor is it inappropriate to adjust the burden of persuasion where facts are ‘peculiarly within the knowledge’ of one of the parties. McCormick, Evidence (1954), at 675. Such a tradition, however, is not appropriate as a model for criminal law.””
1 later decision quote this exact passage · from the majority““This due process limitation on the operation of legal presumptions, however, does not operate in the civil arena. There, unhindered by the due process clause, the burden of ultimate persuasion as well as the burden of producing evidence may be allocated to either party on any particular issue as the emerging common law deems appropriate and fair. A presumption in the other tradition—the Morgan tradition—that remains in the case and that does not disappear like the bursting bubble is appropriate in the civil law.””
1 later decision quote this exact passage · from the majority
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.