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← 553 NE2D 860 - McKinney v. State

McKinney v. State’s Empirical Analysis

1990

Citation profile

21
cited by 21 later decisions
9
states following
June 2019
most recently cited

21 state decisions

How this case has been cited

Cited by 21 later decisions — most recently June 2019

21 state decisions

90199020002010decided

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 County Court of Ulster Cty. v. Allen · Turner v. United States · United States v. Gainey · Sumpter v. State · Richey v. State

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

  1. “Territorial jurisdiction is not necessarily thought of as an element of a crime. Nevertheless, the territorial jurisdiction is a fact that must be established. Indiana Statutes do not define jurisdiction as an element of the offense; however, where the law has established the necessity of a certain fact for an existence of that fact is treated much like an element of the offense. In this case then territorial jurisdiction is an element of the offense that must be proved by the state.”
    2 later decisions quote this exact passage
  2. “... the prosecution must prove territorial jurisdiction beyond a reasonable doubt and that state law provides a presumption in favor of territorial jurisdiction where the body is found within state boundaries. The jury, therefore, must be instructed that the presumption exists. See Model Penal Code § 1.12(5)(a). Although the deFendant or the State may have introduced evidence that tends to rebut the presumption, the presumption has not disappeared. Rather the presumption is permissive. Although the jury must find that Fox was murdered in Indiana beyond a reasonable doubt, it may infer territorial jurisdiction if the prosecution has proven Fox's body was found in Indiana.”
    1 later decision quote this exact passage
  3. “[blecause the prosecution must prove territorial jurisdiction, the issue must be submitted to the jury unless the court determines no reasonable jury could fail to find territorial jurisdiction beyond a reasonable doubt.”
    1 later decision quote this exact passage

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.