21 Cal. 2d 71 - People v. Duane’s Empirical Analysis
1942
Citation profile
3 federal appellate · 2 district · 88 state decisions
How this case has been cited
Cited by 93 later decisions — most recently June 2001 · most notably 59 Cal. 2d 503 - People v. Ketchel (1963), 55 Cal. 2d 458 - People v. Kemp (1961)
3 federal appellate · 2 district · 88 state decisions
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 People v. Northcott · 34 Cal. App. 2d 665 - People v. Russell · 12 Cal. 2d 41 - People v. Eudy · People v. Kelly · People v. Talkington
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 93 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"* * * The situation was * * * one in which a defendant’s witness in a criminal action was not permitted to testify on his behalf or even take the stand, because she had violated the court’s order excluding witnesses. In connection with that violation there is no suggestion of collusion between defendant and the witness, nor does it appear that he had any control over her conduct. From all that appears the witness was acting in entire good faith, believing that she was not included in the order of exclusion because she was assisting as counsel in the defense of defendant. “There can be no doubt that the court committed error in refusing to permit Mrs. Leep to testify. The violation by a witness of an order excluding witnesses from the courtroom does not make such witness incompetent nor furnish grounds for a refusal to permit him to testify. The proper recourse is contempt proceedings against the witness. [Citations.] “It is obvious that testimony by Mrs. Leep concerning appellant’s claimed alibi * * * was of vital importance to appellant and the exclusion thereof would necessarily be prejudicial unless it may be said that appellant cannot show prejudice because he made no offer of proof showing the character of Mrs. Leep’s proposed testimony. It is true that no such offer was made but it was unnecessary under the circumstances here presented. * * * [T]he court had absolutely refused to permit her to testify upon any subject under any circumstances, and that refusal had no re”
1 later decision quote this exact passage““There can be no doubt that the court committed error in refusing to permit Mrs. Leep to testify. The violation by a witness of an order excluding witnesses from the courtroom does not make such witness incompetent nor furnish grounds for a refusal to permit him to testify. The proper recourse is contempt proceedings against the witness.””
1 later decision quote this exact passagee.g. State v. Leong
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.