Eckman v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(A) that the facts giving rise to the presumption must be proven beyond a reasonable doubt; (B) that if such facts are proven beyond a reasonable doubt the jury may find that the element of the offense sought to be presumed exists, but it is not bound to so find .... [emphasis supplied]”

   7 later decisions quote this exact passage
   e.g. Coberly v. State · Turpin v. State

2. “* * * * * * “You are further instructed that if it is shown by chemical analysis of a person’s blood, urine or other bodily substance, that there was at the time of the act alleged 0.10 per cent or more by weight of alcohol in the person’s blood, it shall be presumed that the person was under the influence of intoxicating liquor: however, such amount of alcohol in the blood of the person, if you find there was such amount of alcohol in the blood of the person, merely raises a legal presumption that such person was under the influence of intoxicating liquor, which presumption may be overcome by evidence showing that such person was not under the influence of intoxicating liquor.” ***** *”

   6 later decisions quote this exact passage
   e.g. Coberly v. State · Evans v. State

3. “****** We also observe that the charge actually given instructed the jury that the presumption ‘may be overcome by evidence,’ while it neglected to inform the jury, as required by Sec. 2.05, that if it had ‘a reasonable doubt as to the existence of a fact or facts giving rise to the presumption, the presumption fails and the jury shall not consider the presumption for any purpose.’ In this respect the charge was at best confusing, and could have shifted the burden of proof in the minds of the jurors. ******”

   6 later decisions quote this exact passage
   e.g. Evans v. State · Ginther v. State