State v. Hernandez’s Empirical Analysis
1942
Citation profile
2 district · 29 state decisions
How this case has been cited
Cited by 34 later decisions — most recently November 1999 · most notably State v. Garcia (1942), Peyton v. Nord (1968)
2 district · 29 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 Patton v. United States · Schick v. United States · Cancemi v. . the People · State v. Karsunky · Zellers v. State
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The matter was finally put at rest in the case of Patton v. United States, 281 U.S. 276 , 50 S.Ct. 253 , 74 L.Ed. 854 , 70 A.L.R. 263 , in an able and extended opinion written by Mr. Justice Sutherland. The right to waive a jury even in the case of felonies is sustained. The argument often advanced that public policy forbids such waiver is exploded. The anomaly of permitting a defendant to plead guilty and thus dispense with a trial altogether and of denying him the right under a plea of not guilty to waive a jury and submit to trial before the court is banished. “Had the Patton decision preceded the Ortiz case [Territory v. Ortiz, 8 N.M. 154 , 42 P. 87 ] before our territorial court, the right to waive jury even in the trial of a felony would not have been denied. The right of waiver with the safeguards thrown around its exercise in felony cases, as outlined in the concluding paragraph of the opinion in the Patton case, would seem more consonant with reason, justice and the orderly dispatch of judicial business than the conclusion reached in the Ortiz case.””
1 later decision quote this exact passagee.g. State v. Garcia““The right of waiver with the safeguards thrown around its exercise in felony cases, as outlined in the concluding paragraph of the opinion in the Patton case, would seem more consonant with reason, justice and the orderly dispatch of judicial business than the conclusion reached in the Ortiz case.””
1 later decision quote this exact passage““The right of an accused to waive a jury in the trial of petty offenses and misdemeanors has the support of the best reasoned decisions, and they represent the weight of authority. * * *””
1 later decision quote this exact passagee.g. State v. Marrujo
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.