Payne v. Nash’s Empirical Analysis
327 F.2d 197 · 1964
Citation profile
12 federal appellate · 13 state decisions
How this case has been cited
Cited by 32 later decisions — most recently May 1995 · most notably United States v. Brown (1984), Bullard v. State (1977)
12 federal appellate · 13 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 Williams v. People of State of New York · Calder et Wife, v. Bull et Wife. · Beazell v. State of Ohio Chatfield · Kring v. State of Missouri · Thompson v. State of Missouri
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Just what alterations of procedure will be held to be of sufficient moment to transgress the constitutional prohibition cannot be embraced within a formula or stated in a general proposition. The distinction is one of degree. But the constitutional provision was intended to secure substantial personal rights against arbitrary and oppressive legislation . . . and not to limit the legislative control of remedies and modes of procedure which do not affect matters of substance".”
2 later decisions quote this exact passage · from the majority““What substantial disadvantage could have inured to appellant from the procedural change of which he complains? None can be perceived. Appellant’s right to trial by jury under the Missouri Constitution * * * is the same as the right that existed at common law. At common law the jury assessed the guilt or innocence of the accused; the court fixed the punishment. * * * Though it is permissible for juries to assess punishment in Missouri * * * such was only a conditional privilege. It has long been the law of that State that no one could gain reversal of a judgment simply because a jury did not assess the punishment. * * * Under the federal law the court, and not the jury fixes the punishment. * * * Thus, there is nothing in the Due Process clause of the Fourteenth Amendment of the United States Constitution, nor in the Constitution and laws of the State of Missouri, which gave appellant the right to have his punishment assessed by the jury.””
1 later decision quote this exact passage · from the majoritye.g. State v. Daugherty
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.