Martinez v. Borg’s Empirical Analysis
937 F.2d 422 · 1991
Citation profile
48 federal appellate · 6 state decisions
How this case has been cited
Cited by 77 later decisions — most recently November 2014 · most notably People v. Prettyman (1996), United States v. Garza (1992)
48 federal appellate · 6 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 In the Matter of Samuel Winship · Sandstrom v. Montana · American Manufacturers Mutual Insurance v. United States · Rose v. Clark · Nicholas v. United States
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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'if no rational jury could have made [its] findings without also finding the omitted or presumed fact to be true.'”
8 later decisions quote this exact passage · from the concurrence““When the predicate facts relied upon in the instruction, or other facts necessarily found by the jury, are so closely related to the ultimate fact to be presumed that no rational jury could find those facts without also finding that ultimate fact, making those findings is functionally equivalent to finding the element required to be presumed.””
3 later decisions quote this exact passage · from the concurrence“If jury instructions omit an element of the offense, constitutional error results because the jury has been precluded from finding each fact necessary to convict a defendant.”
3 later decisions 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.