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← 605 F.2d 1371 - Hammontree v. Phelps

Hammontree v. Phelps’s Empirical Analysis

605 F.2d 1371 · 1979

Citation profile

38
cited by 38 later decisions
1
cited 1 times by the Supreme Court
7
states following
June 2015
most recently cited

17 federal appellate · 1 district · 13 state decisions

How this case has been cited

Cited by 38 later decisions (1 by the Supreme Court) — most recently June 2015 · most notably Connecticut v. Johnson (1983), Commonwealth v. Garcia (1980)

17 federal appellate · 1 district · 13 state decisions

29019791980199020002010decided

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 · Roviaro v. United States · Morissette v. United States · Sandstrom v. Montana · Mullaney v. Wilbur

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

  1. “"In sum, Louisiana case law characterizing the term `presumptive evidence' as an `inference', and the legislature's use of the word `only' to qualify the term `presumptive evidence', lead us to conclude that the Louisiana negligent homicide statute did not shift any constitutional burden from the prosecution to the defendant."”
    2 later decisions quote this exact passage · from the concurrence
  2. “[w]e suggest that the state be given a reasonable time, say ninety days, within which to retry the petitioner; otherwise, it must permanently discharge him from custody.”
    2 later decisions quote this exact passage · from the concurrence
  3. “"The better interpretation of `presumptive evidence' in R.S. 14:32 is that it creates no legal presumption, but means that the violation of a statute related to the cause of the accident will justify the inference that defendant committed a criminally negligent act. To constitute `criminal negligence,' the offender's conduct must be a gross deviation below the standard expected of a reasonably careful man. R.S. 14:12. Reasonably careful men are expected to obey safety laws, and it is within the province of the legislature to permit the inference that one who violates a safety law and thereby injures another is guilty of criminal negligence; and if it is proved beyond a reasonable doubt that the criminal negligence was the cause of death, the perpetrator may be guilty of criminal homicide."”
    1 later decision quote this exact passage · from the concurrence

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.