State v. McGraw’s Empirical Analysis
1979
Citation profile
1 federal appellate · 52 state decisions
How this case has been cited
Cited by 53 later decisions — most recently June 2014 · most notably State v. Nelson (1979), 404 So. 2d 239 - State v. Johnson (1981)
1 federal appellate · 52 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 Miranda v. State of Arizona Vignera · Bruton v. United States · Hickman v. Taylor · Witherspoon v. Illinois · Harris v. New York
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Jointly indicted defendants shall be tried jointly unless: 1) The state elects to try them separately; or 2) The court, on motion of the defendant, and after contradictory hearing with the district attorney is satisfied that justice requires a severance."”
4 later decisions quote this exact passage“"[R]eversal of a conviction for failure to sever where antagonism is shown is not always mandated unless prejudice can be shown. C.Cr.P. 921. As the comments to C.Cr.P. 704 indicate, the `antagonistic defenses' test was not codified as a standard to be used by the court in granting a severance when, in his opinion, after a contradictory hearing, `justice requires it.' According to the comments, the idea from the federal rules, that a severance may be granted when a joint trial may result in `prejudice', has been incorporated into the standard of `justice' in art. 704. Comment (d) to C.Cr.P. 704."”
1 later decision quote this exact passage“From a reading of the record it becomes apparent that there was substantial competent evidence of McGraw’s guilt. McGraw’s conviction should have been a certainty, independent of Ms. Manchester’s testimony and her counsel’s closing argument. Therefore, we conclude that McGraw’s substantial rights were not impaired by the denial of his motion to sever and mistrial and that he was not denied a fair trial_ (T)he evidence amply supports the verdict apart from Ms. Manchester’s testimony-”
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.