Townsend v. Henderson’s Empirical Analysis
405 F.2d 324 · 1968
Citation profile
26 federal appellate · 3 district · 10 state decisions
How this case has been cited
Cited by 42 later decisions — most recently August 2006 · most notably State v. Arnett (1978), Slawek v. United States (1969)
26 federal appellate · 3 district · 10 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 Miranda v. State of Arizona Vignera · Bruton v. United States · Escobedo v. Illinois · Pointer v. Texas · Johnson v. State of New Jersey
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The only possible distinction between the present case and Bruton is that in Bruton the co-defendant did not take the witness stand, whereas here Terry did testify in his own behalf. But, this distinction is unimportant since, although Terry was called as a witness, he denied making the confession. Townsend therefore had no effective right of cross-examination in regard to the confession. A similar question was presented in Douglas v. Alabama * * * and it was there held ‘effective confrontation of Loyd was possible only if Loyd affirmed the statement as his.’ ””
3 later decisions quote this exact passage · from the majoritye.g. State v. Carter · Sidney v. State““In Terry’s case there was more than the threat of punishment; the punishment had already commenced. The realities of the situation necessarily conveyed to the prisoner, without the necessity of spoken words, the implied threat of further punishment. At least in Terry’s mind, if not in point of fact, Warden Hunt had complete power to cause his removal from the dark cell or to keep him there indefinitely. He had the power to prolong or to lighten his punishment. Under these circumstances, Terry lacked a ‘free choice to admit, to deny, or to refuse to answer.’ We reach this conclusion without expressly finding that Warden Hunt would have in fact increased Terry’s punishment if he had refused to talk; that is beside the point. The point is that in Terry’s mind he had the power to do so.” ( 405 F.2d at 328 .)”
1 later decision quote this exact passage · from the majority
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.