People v. Gilliland’s Empirical Analysis
1940
Citation profile
54 state decisions
How this case has been cited
Cited by 56 later decisions — most recently February 1986 · most notably 58 Cal. 2d 229 - People v. Perez (1962), 19 Cal. 3d 588 - People v. Hannon (1977)
54 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 Powell v. State of Alabama Patterson · Zibbell v. Southern Pacific Co. · People v. Mahoney · People v. Davis · People v. O'Brien
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We do not understand section 4% of article VI of the Constitution as intended to mean that merely because the evidence may legally be able to stand up under the weight of the judgment, that is sufficient reason in all cases for refusing to set aside the judgment. (People v. Davis, 210 Cal. 540, 556 [ 293 P. 32 ].) The phrase ‘miscarriage of justice’ as used in the constitutional provision has no hard or fast definition, and as was said in People v. Wilson, 23 Cal.App. 513 [ 138 P. 971 ], ‘does not merely mean that a guilty man has escaped or that an innocent man has been convicted. It is equally applicable to cases where the acquittal or conviction has resulted from some form of trial in which the essential rights of the people or of the defendant were disregarded or denied. The right of the accused, in a given case, to a fair trial, conducted substantially according to law, is at the same time the right of all inhabitants of the country to protection against procedure which might at some time deprive them of life or liberty. “It is an essential part of justice that the question of guilt or innocence shall be determined by an orderly legal procedure in which the substantial rights belonging to the defendant shall be respected.’ ” “If a defendant cannot be fairly convicted, he should not be convicted at all; to hold otherwise would be to provide ways and means for the conviction of the innocent. It cannot be gainsaid that you cannot inspire or preserve respect for the law by ”
1 later decision quote this exact passagee.g. People v. Musumeci
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.