United States v. Gale’s Empirical Analysis

Citation profile

80 federal appellate · 21 district · 67 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 236 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A disqualified juror placed upon the panel may be supposed injuriously to affect the whole panel; but if the individuals forming it are unobjectionable, and have all the necessary qualifications, it is of less moment to the accused what persons may have been set aside or excused. The present case is of the latter kind. No complaint is made that any of the grand jurors who found the indictment were disqualified to serve, or were in any respect improper persons. It is only complained that the court excluded some persons for an improper cause; that is, because they labored under the disqualification created by the 820th section of the Revised Statutes, which is alleged to be unconstitutional. It is not complained that the jury actually impaneled was not a good one; but that other persons equally good had a right to be placed on it. * * * “Some importance is attached to the fact that the court followed an unconstitutional law, or one assumed to be such. We do not see that this is in any wise different from the case in which the court misconstrues the law. The result is the same: certain persons, under a misconception of the court, are excluded from the grand jury who are qualified to serve on it; but the jury as actually constituted is unexceptionable in every other respect. In either case, whether the court is mistaken as to the validity of a law, or as to its interpretation, the objection relates so little to the merits of the case that it ought to be taken in the regular orde”

   2 later decisions quote this exact passage · from the majority
   e.g. Renigar v. United States · Smith v. Brough

2. ““This, we think, is the true doctrine in eases where the objection does not go to the subversion of all the proceedings taken in impaneling and swearing the grand jury, but relates only to the qualification or disqualification of certain persons sworn upon the jury or excluded therefrom or to mere irregularities in constituting the panel. We have no inexorable statute making the whole proceedings void for any such irregularities.” 109 U.S. at 67 , 3 S.Ct. at 2 .”

   1 later decision quote this exact passage · from the majority
   e.g. Smith v. Brough

3. “‘ ‘ Tbe second question, as to tbe constitutionality of tbe 820th section of tbe Revised Statutes, wbicb disqualifies a person as a juror if be voluntarily took any part in tbe rebellion, is not an essential one in tbe case; inasmuch as, by pleading not guilty to tbe indictment and going to trial without making any objection to tbe mode of selecting tbe grand jury, such objection was waived. ” 27 L. ed. at p. 858.”

   1 later decision quote this exact passage · from the majority
   e.g. Bailey v. Commonwealth