Stout v. Hancock’s Empirical Analysis
146 F.2d 741 · 1944
Citation profile
8 federal appellate · 2 district ·
How this case has been cited
Cited by 18 later decisions — most recently October 1990
8 federal appellate · 2 district ·
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 10 U.S.C. § 1554 · 10 U.S.C. § 1564 · 10 U.S.C. § 1565
Relies on Helvering v. R. J. Reynolds Tobacco Co. · United States v. Jackson · Costanzo v. Tillinghast · R. J. Reynolds Tobacco Co. v. Commissioner
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““No person shall, by general court martial, be convicted of an offense for which the death penalty is made mandatory by law, nor sentenced to suffer death, except by the concurrence of all the members of said court martial present at the time the vote is taken, and for an offense in these articles expressly made punishable by death; nor sentenced to life imprisonment, nor to confinement for more than ten years, except by the concurrence of three-fourths of all the members present at the time the vote is taken. Conviction of any offense for which the death sentence is not mandatory and any sentence to confinement not in excess of ten years, whether by general or special court martial, may be determined by a two-tliirds vote of those members present at the time the vote is taken. All other questions shall be determined by a majority vote.””
4 later decisions quote this exact passage · from the majority“[A]fter conviction has been voted in a prosecution for murder, the only punishment permissible under the law is death or imprisonment. The vote on imprisonment, therefore, is but a choice between those two; and unless there is an unanimous vote in favor of the death penalty, imprisonment necessarily follows.”
2 later decisions quote this exact passage · from the majority““ ‘No person shall, by general court-martial, be convicted of an offense for which the death penalty is made mandatory by law, nor sentenced to suffer death, except by the concurrence of all the members (two-thirds of the members) of said court-martial present at the time the vote is taken and for an offense in these articles expressly made punishable by death; nor sentenced to life imprisonment nor to confinement for more than ten years, except by the concurrence of three-fourths of all of the members present at the time the vote is taken. All other convictions and sentences, whether by general or special court-martial, may be determined by a two-thirds vote of those members present at the time the vote is taken. (A majority of the members present.) All other questions shall be determined by a majority vote.’ ””
1 later decision quote this exact passage · from the majoritye.g. Hurse v. Caffey
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.