Gardner v. California’s Empirical Analysis
1969
Citation profile
120 federal appellate · 21 district · 111 state decisions
How this case has been cited
Cited by 333 later decisions (29 by the Supreme Court) — most recently August 2020 · most notably San Antonio Independent School District v. Rodriguez (1973), Lewis Director Arizona Department of Corrections v. Casey (1996)
120 federal appellate · 21 district · 111 state decisions — followed in 22 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 Griffin v. People of the State of Illinois · Draper v. Washington · Lane v. Brown · Smith v. Bennett · Long v. District Court of Iowa, Lee Cty.
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 333 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is argued that since petitioner attended the hearing in the Superior Court, he can draw on his memory in preparing his application to the appellate court. And that court, if troubled, can always obtain the transcript from the lower court. But we deal with an adversary system where the initiative rests with the moving party. Without a transcript the petitioner, as he prepared his application to the appellate court, would have only his own lay memory of what transpired before the Superior Court. For an effective presentation of his case he would need the findings of the Superior Court and the evidence that had been weighed and rejected in order to present his case in the most favorable light. Certainly a lawyer, accustomed to precise points of law and nuances in testimony, would be lost without such a transcript, save perhaps for the unusual and exceptional case. * * * * * -X- Since our system is an adversary one, a petitioner carries the burden of convincing the appellate court that the hearing before the lower court was either inadequate or that the legal conclusions from the facts deduced were erroneous. A transcript is therefore the obvious starting point for those who try to make out a case for a second hearing. * * * * * * So long as this system of repeated hearings exists and so long as transcripts are available for preparation of appellate hearings in habeas corpus cases, they may not be furnished those who can afford them and denied those who are paupers. [ 393 U.S.”
2 later decisions quote this exact passage · from the majority“the Fourteenth Amendment does not require a State to furnish an indigent with every luxury that a wealthy litigant might conceivably choose to purchase.”
1 later decision quote this exact passage · from the dissent“access to the record which makes any appellate review meaningful....”
1 later decision quote this exact passage · from the majoritye.g. Bundy v. Wilson
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.