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← 927 F.2d 646 - Hill v. Maloney

Hill v. Maloney’s Empirical Analysis

927 F.2d 646 · 1990

Citation profile

36
cited by 36 later decisions
1
states following
June 2022
most recently cited

26 federal appellate · 2 district · 4 state decisions

How this case has been cited

Cited by 36 later decisions — most recently June 2022 · most notably United States v. DeMasi (1994), Curtis v. Duval (1997)

26 federal appellate · 2 district · 4 state decisions

2801990200020102020decided

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 Chapman v. State of California · In the Matter of Samuel Winship · Morissette v. United States · Sandstrom v. Montana · Mullaney v. Wilbur

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

  1. “determine whether other language in the charge explains the infirm language sufficiently so that there is no reasonable likelihood that the jury believed it must find malice if it found petitioner did the [killing without excuse or justification].”
    3 later decisions quote this exact passage · from the majority
  2. “[a] mandatory presumption instructs the jury that it must infer an 'elemental fact' such as intent or malice from proof of a 'basic fact' such as a knowing act.”
    2 later decisions quote this exact passage
  3. “Bembury's only defense was his alibi, that he did not commit the murder.... Bembury's failure to argue the issue of malice amounted to a concession of that issue, because, as in Hill, `intent was never put in issue, and indeed, could hardly have been contested.'”
    1 later decision quote this exact passage · from the concurrence

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.