United States v. Secondino’s Empirical Analysis

Citation profile

11 federal appellate · 3 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““However, this statute does not change the fundamental rule that the accused is presumed innocent until proved guilty beyond a reasonable doubt. Nor does it impose upon the accused any burden or duty to produce proof that the narcotic drug was lawfully imported, or any other evidence. As previously stated, the burden is always upon the prosecution tp prove beyond a reasonable doubt every essential element of the offense. “What the statute means is that, upon a trial for a violation thereof, if the jury should find beyond a reasonable doubt that the accused has had possession of the narcotic drug, as charged, the fact of such possession alone, unless explained to the satisfaction of the jury by the evidence in the case, permits the jury to draw the inference and find that the narcotic drug was imported or brought into the United States of America contrary to law; and to draw the further inference and find that the accused had knowledge that the narcotic drug was imported or brought in contrary to law. “In connection with any explanation offered for possession of a narcotic drug, you are reminded that in the exercise of Constitutional rights, the accused need not testify. Possession may be explained to the satisfaction of the jury through other circumstances and other evidence in the case, independent of testimony of the accused.””

   1 later decision quote this exact passage · from the majority
   e.g. Brown v. United States