Cunningham v. State’s Empirical Analysis
1879
Citation profile
3 federal appellate · 45 state decisions
How this case has been cited
Cited by 48 later decisions — most recently April 2019 · most notably Tatum v. United States (1951), 454 So. 2d 445 - Billiot v. State (1984)
3 federal appellate · 45 state decisions — followed in 12 states
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 Roberts v. State · Hopps v. People · The People v. . McCann · State v. Bartlett · State v. Crawford
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The law clothes the accused with a presumption of innocence which he never loses until a verdict of conviction has been pronounced. Ho pleads nothing affirmatively, save in rare and exceptional instances, hut by Ms plea of not guilty he puts upon the state the burden of establishing every faet necessary to constitute guilt. The changing phases of the evidence may make his case at various stag’es wear various aspects. At one moment it may seem that his guilt has been conclusively shown, and at the next it may appear to have been as conclusively negatived; hut Ms own attitude never changes. To every fresh development and every new circumstance ho repeats his plea of not guilty and in every new complication he rests upon Ms legal presumption of innocence. The testimony offered against him may indeed necessitate the production of something on Ms part to meet the ease as made out; but it can never do this until, uncontradicted and unexplained, it has demonstrated his guilt beyond a reasonable doubt. Shall it be said that, because this has been accomplished at somé particular stage of the testimony, the burden of proof has shifted, ail'd thence forward the duty is imposed upon him of re-establishing his innocence beyond all reasonable doubt? Nobody would venture so to assert, if the demonstration of guilt so made out was in regard to the commission of the act. * * * The presumptions or implications which, in criminal cases, the law deduces from the establishment of particular fact”
1 later decision quote this exact passage · from the majority“plea of not guilty ... puts upon the State the burden of establishing every fact necessary to constitute guilt.”
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.