Harry William Braley v. Clarence T. Gladden, Warden’s Empirical Analysis
403 F.2d 858 · 1968
Citation profile
14 federal appellate · 6 state decisions
How this case has been cited
Cited by 30 later decisions — most recently November 2022 · most notably United States v. Hodges (1973), People v. Hill (1973)
14 federal appellate · 6 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 Irvin v. Dowd · Palko v. State of Connecticut · Lisenba v. People of State of California · Quercia v. United States · Betts v. Brady
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(T)he oversight in not furnishing the not guilty verdict form along with the opposite form constituted, in effect, a severely adverse comment by the trial judge, an impermissibly grave insinuation of judicial attitude toward the ultimate issue of guilt or innocence. Accordingly, we hold that the influence exerted by the trial judge, although unintended and probably resulting from a clerk's oversight, was so significantly irregular as to require a new trial.”
2 later decisions quote this exact passage · from the majority“it may not [have been] unreasonable to assume that the jury inferred from the [the district court's] instructions that it might be empowered to write its own form of a verdict of not guilty, it [would have been] equally reasonable to assume that the jury inferred that the judge intended that only one verdict was possible”
2 later decisions quote this exact passage · from the majority“* * * critical deficiencies cannot be supplied by inference or assumption as to the interpretation applied subjectively by twelve jurors, individually and collectively.”
2 later decisions quote this exact passage · from the majoritye.g. People v. Hill · Thacker v. Cox
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.