Pembrook v. Wilson’s Empirical Analysis
370 F.2d 37 · 1966
Citation profile
31 federal appellate · 4 district ·
How this case has been cited
Cited by 43 later decisions — most recently August 2010 · most notably Draper v. Coombs (1986), Corgain v. Miller (1983)
31 federal appellate · 4 district ·
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 · Escobedo v. Illinois · Schmerber v. State of California · Fay v. Noia · Johnson v. State of New Jersey
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Pembrook also alleged that he was subjected to `psychological' coercion in connection with his giving of incriminating statements. This type of coercion allegedly resulted when his police interrogators, knowing that the victim was dead and suspecting that Pembrook was the murderer, led Pembrook to believe only that the victim had been taken to the hospital. In our opinion, proof of this alleged misrepresentation would not, of itself, establish that the incriminating statements were obtained by psychological coercion in the constitutional sense.”
1 later decision quote this exact passage · from the majority“Since these factual questions cannot be resolved by reference to the record, as we were able to do in Kuhl v. United States, 9 Cir., 370 F.2d 20 , the issue of deliberate by-passing can only be determined after `* * * the federal court has satisfied itself, by holding a hearing or by some other means of the facts bearing upon the applicant's default.' Fay v. Noia, 372 U.S. 391 , at 439, 83 S.Ct. [822], at 849 [9 L. Ed.2d 837]. 11”
1 later decision quote this exact passage · from the majoritye.g. Maldonado v. Eyman““The proper course in this circumstance would be to grant leave to proceed in forma pauperis, but dismiss the application with leave to amend, pointing out the deficiency which requires amendment. * * * ””
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.