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← 392 FSUPP 1060 - Marsh v. Cupp

Marsh v. Cupp’s Empirical Analysis

1975

Citation profile

9
cited by 9 later decisions
2
states following
July 1981
most recently cited

6 federal appellate · 2 state decisions

Relationships

Relies on Townsend v. Sain · Allen v. United States · Brasfield v. United States · Jenkins v. United States · San Antonio Independent School District v. Rodriguez

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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““The trial judge, prior to giving the second Allen charge, inquired as to the numerical split of the jury. The United States Supreme Court, as well as the Ninth Circuit, has criticized this practice. Brasfield v. United States, 272 U.S. 448 , 47 S.Ct. 135 , 71 L.Ed. 345 (1926); Spaugh v. United States, 77 F.2d 720 (9th Cir. 1935). Both of these decisions, however, were based on the court’s supervisory powers and not on constitutional interpretation. Therefore, neither Brasfield nor Spaugh control in this Habeas Corpus proceeding.””
    1 later decision quote this exact passage
  2. “it is incumbent on you to reach a verdict.”
    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.