Gardner v. Commonwealth’s Empirical Analysis
1954
Citation profile
3 federal appellate · 54 state decisions
How this case has been cited
Cited by 61 later decisions — most recently September 2018 · most notably Kay v. United States (1958), 366 So. 2d 318 - Hill v. State (1979)
3 federal appellate · 54 state decisions — followed in 14 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 Owens v. Commonwealth · Norfolk Southern Railway Co. v. Lassiter · 60 Ohio App. 192 - State v. Gatton · Matthews v. W. T. Freeman Co. · Southwest Virginia Hospitals, Inc. v. Lipps
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Q. Suppose that a person, as I was stating to you in a hypothetical question, came under that particular provision there, that is that he was under the influence of intoxicating beverages of liquor as stated by that statute, would not an automobile wreck wherein this automobile struck with great force a bus so that it was turned completely around, would this not tend to have a sobering effect on such per son .under the influence or the person driving that automobile?””
1 later decision quote this exact passage · from the majoritye.g. State v. Dugas“The accused is not testifying, nor is he compelled thereby to take the stand to refute the accusation. The Commonwealth's witness merely details the behavior or conduct of the accused under the circumstances. No one would seriously contend that the Commonwealth could not show that an accused was seen running from the place where a crime had been committed, and yet in a broad sense in doing so he would be giving evidence against himself.”
1 later decision quote this exact passage · from the majority““* * * nor [shall a man] be compelled in a criminal proceeding to give evidence against himself * #”
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.