Hugh Wendell MacDonald v. James A. Musick’s Empirical Analysis
425 F.2d 373 · 1970
Citation profile
17 federal appellate · 2 district · 11 state decisions
How this case has been cited
Cited by 49 later decisions (1 by the Supreme Court) — most recently March 2012 · most notably Town of Newton v. Rumery (1987), Haynesworth v. Miller (1987)
17 federal appellate · 2 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 Monroe v. Pape · Griffin v. People of the State of Illinois · National Association for Advancement of Colored People v. Y Button · Screws v. United States · Johnson v. Avery
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[w]e do not mean that the prosecutor cannot present such a criminal charge. What he cannot do is condition a voluntary dismissal of a charge upon a stipulation by the defendant that is designed to forestall the latter’s civil case. ( 425 F.2d at 375 .)”
10 later decisions quote this exact passage · from the majority“Normally a defendant will stipulate to probable cause, and there is only one reason, let’s face it, for that stipulation, so that the defendant cannot sue the police department. This particular defendant would not stipulate to probable cause, which made it obvious, at least, there was an inference drawn, that perhaps here is a defendant that does have in mind suing the police department. It seems to me that it is the duty of the Deputy District Attorney, in addition to prosecuting criminals, to protect the police officers, and in so protecting the police officers, it seems to me, after evaluating the facts, any Deputy District Attorney worth his salt would have at that point included any offense, obviously, in the report on which the defendant could have been convicted.”
1 later decision quote this exact passage · from the majority“`[a] lawyer shall not present, participate in presenting, or threaten to present criminal charges solely to obtain an advantage in a civil matter.'”
1 later decision quote this exact passage · from the majoritye.g. State v. Moen
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.