State v. Pacheco’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In this case the trial court instructed the jury that possession of recently stolen property, in the absence of a satisfactory explanation, is “prima facie” evidence of theft by the person in possession of the property. Such an instruction, nevertheless, fits within the Franklin definition of a mandatory rebuttable presumption: “A [mandatory] rebuttable presumption ... requires the jury to find the element unless the defendant persuades the jury that such a finding is unwarranted.””

   1 later decision quote this exact passage
   e.g. State v. Turner

2. “Possession of property recently stolen, when no satisfactory explanation of such possession is made, shall be deemed prima facie evidence that the person in possession stole the property.”

   1 later decision quote this exact passage
   e.g. State v. Johnson

3. “[t]he evidence is not admissible if it is relevant solely to show a defendant's propensity to commit a crime.”

   1 later decision quote this exact passage
   e.g. State v. Florez