Gibbs v. Burke’s Empirical Analysis
337 U.S. 773 · 1949
Citation profile
85 federal appellate · 22 district · 133 state decisions
How this case has been cited
Cited by 310 later decisions (29 by the Supreme Court) — most recently October 2001 · most notably Monroe v. Pape (1961), Carnley v. Cochran (1962)
85 federal appellate · 22 district · 133 state decisions — followed in 20 states
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 Townsend v. Burke · Price v. Johnston · Betts v. Brady · Ex Parte Barber · Bute v. People of State of Illinois
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 310 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`Our decisions have been that where the ignorance, youth, or other incapacity of the defendant made a trial without counsel unfair, the defendant is deprived of his liberty contrary to the Fourteenth Amendment. [Footnote: Uveges v. Pennsylvania, 335 U.S. 437, 441 , and cases there cited.] Counsel necessary for his adequate defense would be lacking.'”
5 later decisions quote this exact passage · from the majority““* * * the fair conduct of a trial depends largely on the wisdom' and understanding of the trial judge. He knows the essentials of a fair trial. The primary duty falls on him to determine the accused’s need of counsel at arraignment and during trial. He may guide a defendant without a lawyer past the errors that make trials unfair. Cf. Uveges v. Pennsylvania, supra. Failure to protect properly-the rights of one accused of serious offenses is unusual. Obviously a fair trial test necessitates an appraisal before and during the trial of the facts of each case to determine whether the need for counsel is so great that the deprivation of the right to counsel works a fundamental unfairness.” Gibbs v. Burke, 1949, 337 U.S. 773, 781 , 69 S.Ct. 1247, 1251 .”
2 later decisions quote this exact passage · from the majority“is not susceptible to reduction to a mathematical formula.”
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.