Tyler v. Swenson’s Empirical Analysis
427 F.2d 412 · 1970
Citation profile
22 federal appellate · 1 district · 19 state decisions
How this case has been cited
Cited by 55 later decisions — most recently November 2017 · most notably United States v. Paiva (1989), Bradley v. State Ex Rel. White (1999)
22 federal appellate · 1 district · 19 state decisions — followed in 10 states
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 Townsend v. Sain · Brady v. United States · McMann v. Richardson · In the Matters of Lee Roy Murchison and John Whites · Thompson v. City of Louisville
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Indeed, a judge presiding at a trial is not a competent witness, for the duties of a judge and a witness are incompatible. If he testifies he would have to pass upon the competency of his own testimony; and as a witness he might be regarded a partisan, and would be subject to embarrassing conflicts with counsel. The danger to the dignity of the bench, of subjecting its impartiality to doubt and of placing the defendant at an unfair disadvantage by admitting the presiding judge as a witness is very obvious."”
6 later decisions quote this exact passage · from the majority“* * * a trial judge is not to be disqualified simply because he is familiar with the proceedings and supplements the record with observations. Nor do a trial judge's supplemental statements into the record make him a material witness, unless he offers disputed and material testimony which is challenged by the petitioner. In the instant case it is particularly significant that the trial judge's recollection was the only testimony which refuted petitioner's claim, a claim which challeged the propriety of the judge's prior conduct.”
3 later decisions quote this exact passage · from the majority“This evidence came from the lips of the trial judge in questioning the mother and serves as testimony without the right of cross-examination by the petitioner.”
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.