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← 409 F.2d 1016 - United States ex rel. Ross v. McMann

United States ex rel. Ross v. McMann’s Empirical Analysis

409 F.2d 1016 · 1969

Citation profile

63
cited by 63 later decisions
1
cited 1 times by the Supreme Court
5
states following
August 2010
most recently cited

39 federal appellate · 8 state decisions

How this case has been cited

Cited by 63 later decisions (1 by the Supreme Court) — most recently August 2010 · most notably McMann v. Richardson (1970), United States of America Ex Rel. Charles F. Scott v. Vincent R. Mancusi, Warden, Attica Prison, Attica, New York (1970)

39 federal appellate · 8 state decisions

440196919701980199020002010decided

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 · Gideon v. Wainwright · Stovall v. Denno · Townsend v. Sain · Jackson v. Denno

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

  1. “The petitioner cannot be deemed to have waived his coerced confession claim by deliberately by-passing state procedures when the state failed to afford a constitutionally acceptable means of presenting that claim, and he cannot be deemed to have entered a voluntary plea of guilty if the plea was substantially motivated by a coerced confession the validity of which he was unable, for all practical purposes, to contest”
    3 later decisions quote this exact passage · from the majority
  2. “[A]lthough the waiver rule means that an allegation that the petitioner's constitutional rights were violated before the plea was taken is not, standing alone, sufficient to call the validity of the plea into question, nonetheless if it is alleged that the plea was coerced in a manner spelled out in the petition, the alleged violations are not irrelevant to the issue of the voluntariness of the plea. An alleged violation of constitutional rights is simply another factor to be taken into account in determining the voluntariness of the plea.”
    2 later decisions quote this exact passage · from the majority
  3. “* * * a mere conclusory allegation by a prisoner without more, that the existence of a coerced confession induced his guilty plea, in the absence of any particularized allegations as to how that confession rendered his plea involuntary, should not ordinarily be considered sufficient to predicate an order for a hearing.”
    2 later decisions 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.