Nelson v. O'NEIL’s Empirical Analysis
1971
Citation profile
333 federal appellate · 26 district · 503 state decisions
How this case has been cited
Cited by 957 later decisions (7 by the Supreme Court) — most recently February 2022 · most notably United States v. Owens (1988), United States v. Inadi (1986)
333 federal appellate · 26 district · 503 state decisions — followed in 37 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.
Appellate journey
reviewedJoe J. B. O'Neil v. Louis S. Nelson, Warden (from Ninth Circuit Court of Appeals)
Relationships
Relies on Chapman v. State of California · Bruton v. United States · Pointer v. Texas · California v. Green · Harrington v. California
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 957 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Constitution as construed in Bruton, in other words, is violated only where the out-of-court hearsay statement is that of a declarant who is unavailable at the trial for 'full and effective' cross-examination.”
44 later decisions quote this exact passage · from the majority““(a) When a defendant moves for a severance because an out-of-court statement of a codefendant makes reference to him but is not admissible against him, the court should determine whether the prosecution intends to offer the statement in evidence at the trial. If so, the court should require the prosecuting attorney to elect one of the following courses: (i) a joint trial at which the statement is not admitted into evidence; (ii) a joint trial at which the statement is admitted into evidence only after all references to the moving defendant have been deleted, provided that, as deleted, the confession will not prejudice the moving defendant; or (iii) severance of the moving defendant. * * * * * * (c) When such information would assist the court in ruling on a motion for severance of defendants, the court may order the prosecuting attorney to disclose any statements made by the defendants which he intends to introduce in evidence at trial.””
6 later decisions quote this exact passage · from the dissent““In Nelson, [supra.], the United States Supreme Court held that where a co-defendant in state court took the stand at a joint trial in his own defense, and denied making an alleged out-of-court statement implicating [the] defendant, and proceeded to testify favorably to defendant concerning the underlying facts, the defendant was denied no rights under the Sixth or Fourteenth Amendments----””
2 later decisions 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.