United States of America Ex Rel. Anthony Scoleri v. William J. Banmiller, Warden, Eastern State Penitentiary’s Empirical Analysis
310 F.2d 720 · 1962
Citation profile
35 federal appellate · 1 district · 15 state decisions
How this case has been cited
Cited by 70 later decisions (2 by the Supreme Court) — most recently August 2006 · most notably Spencer v. State of Texas a Bell (1967), Marshall v. Lonberger (1983)
35 federal appellate · 1 district · 15 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.
Relationships
Relies on Glasser v. United States · Johnson v. Zerbst · Snyder v. Commonwealth of Massachusetts · Stirone v. United States · Carnley v. Cochran
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * -* we cannot believe that the procedural scheme imposed by Section 701 of the Criminal Code of 1939 and the ‘Parker Rule’ would permit the jurors to put the knowledge of Scoleri’s twenty-five convictions or pleas of guilty out of their minds while considering his guilt or innocence. Certainly such a feat of psychological wizardry verges on the impossible even for berobed judges. * * * ””
3 later decisions quote this exact passage““ * * * every case which involves the delicate balance of comity between the courts of a state and those of the federal system must be considered and decided on its own precise facts. In the case at bar we did not lay down a rule of evidence for the Pennsylvania state tribunals. We handed down a judgment as to the fundamental fairness or unfairness of what was done in this particular case. * * * ” 310 F.2d 720, at 736 .”
2 later decisions quote this exact passage · from the majority“"(1) In all criminal trials, the jury, in addition to a verdict of guilty of any offense, may recommend the accused to the mercy of the court or to executive clemency, and such recommendation shall not qualify the verdict except in capital cases. In all cases the court shall award the sentence and shall fix the punishment or penalty prescribed by law. "(2) Whoever is convicted of a capital offense and recommended to the mercy of the court by a majority of the jury in their verdict, shall be sentenced to imprisonment for life; or if found by the judge of the court, where there is no jury, to be entitled to a recommendation to mercy, shall be sentenced to imprisonment for life, at the discretion of the court." (Emphasis supplied.)”
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.