Shaw v. Garrison’s Empirical Analysis

Citation profile

49 federal appellate · 6 district · 5 state decisions

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

1. “there is a federal right to be free from bad faith prosecutions.”

   9 later decisions quote this exact passage · from the majority
   e.g. Robertson v. Wegmann · Universal Amusement Co., Inc. v. Vance

2. “Sciambra wrote two memoranda of the Baton Rouge meeting with Russo, one of which was introduced into evidence. In the memorandum filed into evidence, no mention was made of any conspiratorial meeting to assassinate the President. The following Monday, February 27th, two days before Shaw’s arrest, Russo came to New Orleans. At the instruction of the defendant, he was subjected to Sodium Pentothal ... and hypnosis_ The defendant stated the purpose of these strange procedures was “to obtain a degree of corroboration” of what Russo had related to Sciambra in Baton Rouge of a New Orleans conspiratorial meeting between the plaintiff, Ferrie and Oswald.... [Substantial doubts are raised regarding the validity of the, state’s case when a prosecuting attorney resorts to the use of such extraordinary tactics as were employed by Garrison on Russo. A fair inference to be drawn is that these ex parte procedures were used to implant into Russo’s mind a story implicating the plaintiff in an alleged conspiracy plot_ This inference is supported by the fact that Garrison immediately moved to arrest and charge Shaw based solely on Russo’s questionable, vague story.... * * * * * * The lack of substance of Russo’s story is emphasized by several events which occurred' subsequent to Shaw’s arrest. At Shaw’s conspiracy trial, Russo’s testimony differed materially from that which he gave at a preliminary hearing prior to trial. The most salient change in his testimony was his inability at trial to id”

   1 later decision quote this exact passage · from the majority
   e.g. Russo v. Conde Nast Publications

3. “The burden of proof is, of course, upon the plaintiff Shaw to prove by a preponderance of the evidence the existence of exceptional and unusual circumstances that would justify this court’s interven-tion____ When the plaintiff’s evidence constitutes a prima facie case, the burden is on the defendant of going forward with any evidence to rebut the plaintiff’s case____ In this case the defendant Garrison offered no proof, apparently relying on the supposed inability of Shaw to sustain his burden and that even if Shaw did, he would not be entitled to any relief by this court. In those instances where the plaintiff proved certain facts by a preponderance of the credible evidence, and the defendant failed to rebut those facts either on cross-examination or by offering contrary evidence, this court has accepted those facts as true.”

   1 later decision quote this exact passage · from the majority
   e.g. Hand v. Gary