McInerney v. Berman’s Empirical Analysis
621 F.2d 20 · 1980
Citation profile
21 federal appellate · 5 district · 13 state decisions
How this case has been cited
Cited by 44 later decisions (1 by the Supreme Court) — most recently February 2011 · most notably Francis v. Franklin (1985), United States v. Winter (1981)
21 federal appellate · 5 district · 13 state decisions
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 Sandstrom v. Montana · Mullaney v. Wilbur · Cupp v. Naughten · County Court of Ulster Cty. v. Allen · Tot v. United States
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`A mandatory presumption which shifts the burden of persuasion by requiring the defendant to establish affirmatively the negative of an element of the offense is unconstitutional.'”
2 later decisions quote this exact passage · from the majoritye.g. State v. Platt · State v. Abdi“[I]t will be presumed that [a juror] will not isolate a particular portion of the charge and ascribe to it more importance than the rest”
2 later decisions quote this exact passage · from the majority““A judge does not violate constitutional principles of due process by advising the jury that, if they think it reasonable, they may infer the existence of malice from the fact, proved beyond a reasonable doubt, that a defendant shot the victim, stabbed him, or otherwise harmed him with a deadly weapon.””
1 later decision quote this exact passage · from the majoritye.g. Hill v. Maloney
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.