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← 261 FSUPP 852 - Guthrie v. Boles

Guthrie v. Boles’s Empirical Analysis

1967

Citation profile

12
cited by 12 later decisions
1
states following
May 2009
most recently cited

2 federal appellate · 3 state decisions

How this case has been cited

Cited by 12 later decisions — most recently May 2009

2 federal appellate · 3 state decisions

7019671970198019902000decided

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 Pointer v. Texas · Hamilton v. Alabama · White v. State of Maryland · Braunfeld v. Gibbons · Western Natural Gas Co. v. Cities Service Gas Co.

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

  1. “(a) Probable Cause Finding. If from the evidence it appears that there is probable cause to believe that an offense has been committed and that the defendant committed it, the magistrate shall forthwith hold him to answer in circuit court. Witnesses shall be examined and evidence introduced for the state under the rules of evidence prevailing in criminal trials generally except that hearsay evidence may be received, if there is a substantial basis for believing: (1) That the source of the hearsay is credible; (2) That there is a factual basis for the information furnished; and (3) That it would impose an unreasonable burden on one of the parties or on a witness to require that the primary source of the evidence be produced at the hearing. The defendant may cross-examine witnesses against him and may introduce evidence in his own behalf. Objections to evidence on the ground that it was acquired by unlawful means are not properly made at the preliminary examination. Motions to suppress must be made to the trial court as provided in Rule 12. On motion of either the state or the defendant, witnesses shall be separated and not permitted in the hearing room except when called to testify. (b) Discharge of Defendant. If from the evidence it appears that there is no probable cause to believe that an offense has been committed or that the defendant committed it, the magistrate shall dismiss the complaint and discharge the defendant. The discharge of the defendant shall not preclude the”
    1 later decision quote this exact passage
  2. “* * * to ascertain whether there are reasonable grounds to believe that a crime has been committed; whether there is probable cause to believe the accused committed it; and to determine the propriety and amount of bail in case the accused is held to answer the action of a grand jury. Of equal, if not greater, importance is the preliminary hearing’s function of weeding our groundless and unsupported charges, thereby relieving the accused of the degradation and expense of being held to answer a baseless charge * * * Guthrie v. Boles, 261 F.Supp. 852, 854 (N.D.W.Va.1967).”
    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.