Odell v. Burke’s Empirical Analysis

Citation profile

20 federal appellate · 1 district · 3 state decisions

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

1. ““In the first place, there exists no constitutional right to demand a preliminary hearing prior to indictment or trial. Goldsby v. United States, 160 U.S. 70, 73 [ 16 S.Ct. 216 , 40 L.Ed. 343 ] * * *; Clarke v. Huff, 73 App.D.C. 351 , 119 F.2d 204 ; Moore v. Aderhold, 10 Cir., 108 F.2d 729 ; Garrison v. Johnson, 9 Cir., 104 F.2d 128, 130 , certiorari denied 308 U.S. 553 [ 60 S.Ct. 107 , 84 L.Ed. 465 ] * * * We think it axiomatic that, if a state may dispense entirely with preliminary hearings without transgressing the federal due process mandate, it may likewise conduct such hearings informally, so long as the procedure employed does not operate to the prejudice of a defendant in the subsequent trial of his cause in such a way that it must be characterized as a violation of some fundamental principle of justice.””

   1 later decision quote this exact passage · from the majority
   e.g. 295 F. Supp. 1045 - Burbey v. Burke