Schwab v. Berggren’s Empirical Analysis
143 U.S. 442 · 1892
Citation profile
88 federal appellate · 5 district · 64 state decisions
How this case has been cited
Cited by 214 later decisions (26 by the Supreme Court) — most recently November 2023 · most notably Snyder v. Commonwealth of Massachusetts (1934), Price v. Johnston (1948)
88 federal appellate · 5 district · 64 state decisions — followed in 17 states
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 Hopt v. People of the Territory of Utah · Ball v. United States · Holden v. State of Minnesota · Commonwealth v. Costley
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 214 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Weare of opinion that it was not within the power of the accused or his counsel to dispense with the statutory requirement as to his personal presence at the trial. The argument to the contrary necessarily proceeds upon the ground that he alone is concerned as to the mode by which he may be deprived of his life or liberty, and that the chief object of the prosecution is to punish him for the crime charged.. But this is a mistaken view as well of the relations which the accused holds to the public as of the end of human punishment. The natural life, says Blackstone, £ cannot legally be disposed of or destroyed by any individual, neither by the person himself, nor by any other of his fellow creatures, merely upon their own authority.’ 1 Bl. Com. 133. The public has an interest in his life and liberty. Neither can be lawfully taken except in the mode prescribed by law. That which the law makes essential- in proceedings involving the deprivation of'life or liberty cannot be dispensed with or affected by the consent of the accused, much less by his mere failure, when on trial and in custody, to object to unauthorized, methods.”
1 later decision quote this exact passage · from the majority“... But neither reason nor public policy require that he shall be personally present pending proceedings in an appellate court whose only function is to determine whether, in the transcript submitted to them, there appears any error of law to the prejudice of the accused; especially, where, as in this case, he had counsel to represent him in the court of review. We do not mean to say that the appellate court may not, under some circumstances, require his personal presence; but only that his presence is not essential to its jurisdiction to proceed with the case.”
1 later decision quote this exact passage · from the majoritye.g. Price v. Johnston““Besides, it is well settled that tbe time and place of execution are not strictly part of tbe judgment or sentence, unless made so by statute.””
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.