Allen v. MacDougall’s Empirical Analysis

Citation profile

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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “All of petitioner’s assertions in regard to the short period between his arrest and trial, summarized hereinabove as his contentions, numbered 2 through 5, were also considered by the state courts and developed in the state habeas hearings. The South Carolina Supreme Court disposed of these contentions as follows: “Prior to and during his trial in the Court of General Sessions for Chester County appellant was represented by counsel retained in his behalf, who had been engaged in the practice of law in Chester since 1935 except for absence in service during World War II, and whose competence at a trial lawyer appellant does not question. This attorney testified at the hearing on the writ, substantially as follows: That no request for a preliminary hearing was made; that had the case been continued to the next term, which was to be in October, appellant would have had to remain in jail during the intervening three months as he could not furnish bail; that as appellant’s counsel he had, with the permission of the prosecution, talked with the State’s witnesses including appellant’s co-defendant Flenniken; that he had also talked with several persons whom appellant had suggested as possible witnesses in his behalf, but who were in fact witnesses for the State; that in the light of the information thus obtained he had conferred with appellant and informed him of the evidence, including that of Flenniken, implicating him; that in fact appellant had no defense except his own denial t”

   1 later decision quote this exact passage
   e.g. Allen v. MacDougall

2. “1) He was not guilty; 2) He was denied the right to a preliminary hearing; 3) He was not informed of nor did he know the charges against him; 4) He was arrested, indicted, and tried within a period of five days. This short period of preparation for trial denied him a trial that was fair and impartial, or was per se a due process violation; 5) His appointed attorney was not afforded sufficient time for the preparation of his defense; 6) The indictment was faulty in that his name was not on it when it was considered by the grand jury, but was added by arresting officers after the grand jury had been dismissed ; 7) The sentence was erroneous because it was in gross instead of being separate as to each of the charges; and, 8) He was convicted without any evidence of his guilt other than a co-defendant’s testimony, an admitted accomplice.”

   1 later decision quote this exact passage
   e.g. Allen v. MacDougall