Bailey v. Henslee’s Empirical Analysis
287 F.2d 936 · 1961
Citation profile
33 federal appellate · 13 state decisions
Relationships
Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 42 U.S.C. § 243
Relies on Napue v. People of the State of Illinois · Brown v. Allen · Snyder v. Commonwealth of Massachusetts · Palko v. State of Connecticut · Hurtado v. People of the State of California
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In avoiding racial discrimination in the selection of jurors it is not enough for the jury commissioners or any other selecting agency to be content with persons of their personal acquaintance. Smith v. State of Texas, 311 U.S. 128, 132 , 61 S.Ct. 164 , 85 L.Ed. 84 ; Hill v. State of Texas, 316 U.S. 400, 404 , 62 S.Ct. 1159 , 86 L.Ed. 1559 . It is ‘their duty to familiarize themselves fairly with the qualifications of the eligible jurors of the county without regard to race and color.’ Cassell v. State of Texas, supra, at page 289 of 339 U.S., at page 633 of 70 S.Ct.””
2 later decisions quote this exact passage · from the majority“"The State of Arkansas is entitled to a reasonable time within which to retry this defendant for the crime charged against him. Pending a retrial by the State, the District Court is directed to grant a stay of execution. If he is retried, the Court is directed to enter a dismissal of Bailey’s present petition for release on habeas corpus. If he is not retried within nine months from the filing date of this opinion, the District Court is directed to grant Bailey’s petition for a writ of habeas corpus.””
2 later decisions quote this exact passage · from the majoritye.g. Bailey v. Henslee · Bailey v. State““ * * * Here there appears to be a definite pattern of race selection; here there is a device for race identification with its possibility of abuse; here there is exclusion from the alternate panels and from the special panels actually used; here there is an element of recurrence of the same Negro names; and here there is the additional factor, for what atmosphere it may provide, of exclusion from the civil divisions’ panels.””
2 later decisions quote this exact passage · from the majority
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.