United States v. Talbott’s Empirical Analysis
78 F.3d 1183 · 1996
Citation profile
40 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 49 later decisions (1 by the Supreme Court) — most recently February 2016 · most notably Dixon v. United States (2006), Talbott v. Indiana (2000)
40 federal appellate · 1 district · 2 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
Applies 18 U.S.C. § 17 · 18 U.S.C. § 2320 · 18 U.S.C. § 3146 (Bail Reform Act of 1984) · 18 U.S.C. § 373 · 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 924 · 26 U.S.C. § 5845 (§ 201 of the Gun Control Act of 1968) · 28 U.S.C. § 1291
Relies on Chapman v. State of California · In the Matter of Samuel Winship · Sandstrom v. Montana · Mullaney v. Wilbur · Sullivan v. Louisiana
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]here affirmative defenses are created through statutory exceptions, the ultimate burden of persuasion remains with the prosecution .... ”). Other courts have used similar language that "although a defendant may bear the burden of production as to an affirmative defense ... the burden of persuasion [ ] remains on the government to negate that defense beyond a reasonable doubt, unless a statute affirmatively reallocates that burden of [persuasion] to the defendant.”
1 later decision quote this exact passage · from the majority“must produce sufficient evidence to require [the defense's] submission to the jury,”
1 later decision quote this exact passage · from the majority“the burden of proving the defense of insanity by clear and convincing evidence”
1 later decision quote this exact passage · from the majority
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.