Gale H. Johnson v. John E. Bennett, Warden, Iowa State Penitentiary’s Empirical Analysis
414 F.2d 50 · 1969
Citation profile
13 federal appellate · 3 district · 11 state decisions
How this case has been cited
Cited by 31 later decisions — most recently June 1981 · most notably Commonwealth v. French (1970), Smith v. Smith (1971)
13 federal appellate · 3 district · 11 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 Johnson v. Zerbst · Stovall v. Denno · Fay v. Noia · Warden, Maryland Penitentiary v. Hayden · Linkletter v. Walker
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“4. As pointed out in Stump, 398 F.2d at 122, our holding there that an oppressive shifting of the burden of proof to the defendant violates due process is not a new constitutional doctrine. Thus we were not 'directly faced with issues of retroactivity.' The dissent in Stump seems to suggest that the question of retroactivity is in the case. 398 F.2d at 126. This was definitely so stated in the panel's decision in Johnson's case. 386 F.2d at 682-683. We adhere, however, to the majority view in Stump that we are not faced in Johnson's case with an issue of retroactivity. Even if we were, it would perhaps suffice only to note that Johnson's case, with its alibi instruction issue, reached us before Stump's.”
1 later decision quote this exact passage · from the majoritye.g. Bassett v. Smith“It is thus apparent that the Iowa court has continuously struggled with the alibi instruction so frequently employed by the trial courts of the state. The division among the members of the Supreme Court was clear and bitter in the earlier cases of 80 years ago. The division has been clear and bitter in the cases decided during the last 6 years.”
1 later decision quote this exact passage · from the majoritye.g. Bassett v. Smith““When the state has not held that a defendant has legally waived his procedural rights to raise a constitutional question, it is incumbent upon a federal court to pass directly on the merits of the constitutional question.””
1 later decision quote this exact passage · from the majoritye.g. Howard v. Sigler
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.