24 Cal. 2d 323 - In Re Egan’s Empirical Analysis
1944
Citation profile
10 federal appellate · 46 state decisions
How this case has been cited
Cited by 60 later decisions — most recently January 1995 · most notably 9 Cal. 4th 464 - People v. Duvall (1995), People v. Adamson (1949)
10 federal appellate · 46 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 Glasser v. United States · Johnson v. Zerbst · Powell v. State of Alabama Patterson · Mooney v. Holohan · Betts v. Brady
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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““. . . an objection that the general denial in the return was insufficient to meet the issues tendered by the petition may not be made. The function of the petition is to obtain the issuance of the writ. The return is not to the petition, but to the writ. Issues are thereupon joined by denial or other controversion of the material matters set forth in the return (Pen. Code, § 1484), and were so joined in this case by the petition, considered as a traverse to the return pursuant to the stipulation, Thereupon, the petition being considered the answer, allegations as to any new matter therein are deemed denied. By analogy, the return is the complaint and the traverse ... is the answer. New matter set up in the answer is deemed denied and must be proved by the parties alleging it, . . .””
1 later decision quote this exact passage““The only step taken by the petitioners upon the filing of the return was to stipulate that their petition be considered a denial of the matters set up in the return. [As noted, this was not done in the case before us.] The petitioners did not make the present objections to the return until full hearings had been had before the referee and more than a month after the filing of the referee’s report. Objection to the return made at such time is not in accordance with the requirements of the Code and comes too late. ’ ’”
1 later decision quote this exact passage“To determine the precise degree of prejudice sustained by Glasser as a result of the court's appointment of Stewart as counsel for Kretske [a codefendant] is at once difficult and unnecessary. The right to have the assistance of counsel is too fundamental and absolute to allow courts to indulge in nice calculations as to the amount of prejudice arising from its denial. [Citing cases.]”
1 later decision quote this exact passage
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.