Hallinger v. Davis’s Empirical Analysis
146 U.S. 314 · 1892
Citation profile
24 federal appellate · 2 district · 100 state decisions
How this case has been cited
Cited by 206 later decisions (28 by the Supreme Court) — most recently August 2015 · most notably Spencer v. State of Texas a Bell (1967), Frank v. Mangum (1915)
24 federal appellate · 2 district · 100 state decisions — followed in 27 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 Hurtado v. People of the State of California · Kemmler · John Den James Murray and John Kayser v. The Hoboken Land and Improvement Company John Den James B Murray et al. · Davidson v. New Orleans · Wall
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 206 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“•Tf.a recorded confession of every material averment of an indictment puts thc> confessor upon the country, the institution of jury trial and the legal effect and nature of a plea of guilty have been very Imperfectly understood, not only by the authors of the constitution and their successors down to the present Time, but also by all the generations of men who have lived under the common law.””
2 later decisions quote this exact passage · from the majority““Applying the principles of these decisions to the casé before us, we are readily brought to the conclusion that the appellant, in voluntarily availing himself of the provision of the statute and electing to plead guilty, was deprived of no right or privilege within the protection of the 14th Amendment. The trial seems to have been conducted in strict accordance with the forms prescribed by the Constitution and laws of the State, and with special regard to the rights of the accused thereunder. The court refrained from at once accepting his plea of guilty, assigned him counsel, and twice adjourned, for a period of several days, in order that he might be fully advised of the truth, force and effect of his plea of guilty. Whatever may be thought of the wisdom of departing, in capital cases, from time-honored procedure, there is certainly nothing in the present record to enable this court to perceive that the rights of the appellant, so far as the laws and the Constitution of the United States are concerned, have been in any wise infringed.””
1 later decision quote this exact passage · from the majoritye.g. People v. Roberts““The short of the matter is that an accused, in the exercise of a free and intelligent choice, and with the considered approval of the court, may waive trial by jury and so likewise may he competently and intelligently waive his Constitutional right to assistance of counsel. There is nothing in the Constitution to prevent an accused from choosing to have his fate tried before a judge without a jury even though, in deciding what is best for himself, he follows the guidance of his own wisdom and not that of a lawyer.””
1 later decision quote this exact passage · from the majoritye.g. Seale v. Luttrell
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.