White v. Arn’s Empirical Analysis
788 F.2d 338 · 1986
Citation profile
5 federal appellate · 2 district · 3 state decisions
How this case has been cited
Cited by 24 later decisions (1 by the Supreme Court) — most recently February 2012
5 federal appellate · 2 district · 3 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 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on In the Matter of Samuel Winship · Wainwright v. Sykes · Mullaney v. Wilbur · Engle v. Isaac · Cupp v. Naughten
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[e]very person accused of an offense is presumed innocent until proven guilty beyond a reasonable doubt, and the burden of proof for all elements of the offense is upon the prosecution. The burden of going forward with the evidence of an affirmative defense, and the burden of proof by a preponderance of the evidence, for an affirmative defense, is upon the accused.”
1 later decision quote this exact passage · from the dissente.g. Martin v. Ohio“[A]n affirmative defense does not negate an element of a crime; ... it indicates that an affirmative defense excuses punishment for a crime the elements of which have been established and admitted.”
1 later decision quote this exact passage · from the dissente.g. Smart v. Leeke“The proper approach ... is first to determine the elements of murder, and second to determine whether the defense ... necessarily negates any of those elements.”
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.