White v. Humphrey’s Empirical Analysis
212 F.2d 503 · 1954
Citation profile
6 federal appellate · 1 district ·
How this case has been cited
Cited by 10 later decisions — most recently November 2008
6 federal appellate · 1 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 50 U.S.C. § 551 · 50 U.S.C. § 611
Relies on Burns v. Wilson · United States ex rel. Innes v. Hiatt · White v. Humphrey
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]e are confronted with one of the harsh realities of courts-martial prior to the sweeping changes brought about by the Code. * * * Nevertheless we are forced to conclude that under the court-martial law which governed the trial the law member's instruction was adequate. We cannot therefore interfere on that score. * * * With reference to instructions by the law member all that is disclosed is merely the open court instruction. As has already been indicated that complied with the controlling court-martial law. We have no knowledge of the advice, if any, given by the law member to the court in its closed session. Nor is there any information available as to the knowledge of the court-martial members regarding matters on which no open instruction was furnished. We cannot assume that if the court or one or more members thereof needed explanation `[a]s to the elements necessary to establish the offense charged, what lesser offenses, if any, are included in the offense charged' or on any other `[q]uestions of law and procedure which may arise in discussions in closed session' this was not supplied by the law member, especially since that was part of his principal duty under Paragraph 40 of the 1949 Courts-Martial Manual. We have been referred to no decisions prior to the Code of Military Justice nor have we ourselves found any where the kind of instruction complained of was held erroneous.”
1 later decision quote this exact passage · from the majoritye.g. Rushing v. Wilkinson“* * * to rule upon interlocutory questions, to advise the court on question of law and procedure which may arise in discussions in closed session. Such advice may include an explanation as to the elements necessary to establish the offense charged, what lesser offenses, if any, are included in the offenses charged, the possible findings the court may make by way of exceptions and substitutions, the maximum punishment for each offense with which accused is charged, and if requested the proper form in which to state the findings and sentence reached by the court. As a member he has the duties, powers and privileges of members in general. In accordance with Article 31, it is the duty of the law member before a vote is taken to advise the members in open court concerning the presumption of innocence and the nature and quantum of evidence required to sustain findings of guilty.”
1 later decision quote this exact passage · from the majoritye.g. Rushing v. Wilkinson
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.