Folger v. State’s Empirical Analysis

1982

Citation profile

cited by 19 later decisions

states following

January 2012

most recently cited

19 state decisions

How this case has been cited

Cited by 19 later decisions — most recently January 2012

19 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 McDonald v. United States · Christie v. State · Houston v. State · LaLonde v. State · Toomey 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

“We think a strong argument can be made „ that a trial judge should err on the side of giving instructions on self-defense so as to avoid a needless appellate issue in cases in which a weak case for self-defense is presented. We also think that in a case such as this where self-defense is presented as a possible defense, there is a danger that the jury may consider its own understanding of what self-defense is in the absence of an instruction from the court. It seems preferable to have the jury correctly instructed.”
3 later decisions quote this exact passage
e.g. David v. State · Seibold v. State
“[aluy weakness or implausibility in the evidence supporting [the defendant's] story is not a relevant consideration.”
2 later decisions quote this exact passage
e.g. McGee v. State · Seibold v. State
“It is well recognized that the burden is on the defendant to produce some evidence in support of a claim of self-defense before he will be entitled to a jury instruction. The burden to produce some evidence of self-defense is not, however, a heavy one; this standard is satisfied when self-defense has fairly been called into issue. In each case, the relevant inquiry is, “did the evidence viewed in the light most favorable to the defendant, generate the issue of self-defense for jury consideration?” A jury question will be presented and an instruction required if the evidence, when viewed in the light most favorable to the accused, might arguably lead a juror to entertain a reasonable doubt as to the defendant’s guilt.”
1 later decision quote this exact passage
e.g. Lamont v. State

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.