Frad v. Kelly’s Empirical Analysis
302 U.S. 312 · 1937
Citation profile
127 federal appellate · 6 district · 6 state decisions
How this case has been cited
Cited by 196 later decisions (8 by the Supreme Court) — most recently November 2023 · most notably Glidden Company v. Zdanok Lurk (1962), United States v. American-Foreign Steamship Corp. (1960)
127 federal appellate · 6 district · 6 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.
Appellate journey
reviewedKelly v. United States ex rel. Frad (from Second Circuit Court of Appeals)
Relationships
Relies on Burns v. United States · Escoe v. Zerbst · Ex parte United States · United States v. Dubilier Condenser Corp.
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 196 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Probation is a system of tutelage under the supervision and control of the court which has jurisdiction over the convicted defendant, has the record of his conviction and sentence, the records and reports as to his compliance with the conditions of his probation, and the aid of the local probation officer, under whose supervision the defendant is placed.””
3 later decisions quote this exact passage · from the majority“When an assigned judge has presided at the trial of a cause, he is to have power, though the period of his service has expired, and though he may have returned to his own district, to perform the functions which are incidental and supplementary to the duties performed by him while present and acting in the designated district. And where a cause has been submitted to him in the designated district, after his return to his own district he may enter decrees or orders and file opinions necessary to dispose of the case, notwithstanding the termination of his period of service in the foreign district. But the act goes no farther. It clearly does not contemplate that he shall decide any matter which has not been submitted to him within the designated district.”
1 later decision quote this exact passage · from the majoritye.g. Hvass v. Graven““The mere fact that a sentence of a fine and imprisonment had been imposed upon one of the indictments in no way militated against the prescription of probation in respect of the pica of guilty under the other two.””
1 later decision 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.