McLaughlin v. Vinzant’s Empirical Analysis
522 F.2d 448 · 1975
Citation profile
23 federal appellate · 4 district · 17 state decisions
How this case has been cited
Cited by 50 later decisions (1 by the Supreme Court) — most recently April 2008 · most notably Mathews v. Eldridge (1976), United States v. Iron Shell (1980)
23 federal appellate · 4 district · 17 state decisions — followed in 11 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
Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Bruton v. United States · Townsend v. Sain · Fay v. Noia · Pointer v. Texas · Irvin v. Dowd
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is true that there is no evidence of precisely where Dellamano [the hearsay declarant] was and what events she witnessed leading her to announce that McLaughlin [petitioner] had shot Sheridan. But, it was permissible to draw an inference not only from the force of the statement itself but from the fact that she was accompanying McLaughlin and was somewhere in the immediate vicinity of the fatal event, that she possessed firsthand knowledge of the killing. See McCormick on Evidence § 297 at 705 (2d ed. 1972).”
1 later decision quote this exact passage · from the concurrence“neither [the excited utterance] exception in general nor its application permitting the admission of testimony as to [declarant]'s utterance contravenes the policy embodied in the confrontation clause.”
1 later decision quote this exact passage · from the concurrence“[t]he remark followed hard upon an event--a shooting--likely to produce the utmost in excitement and shock and to ensure the utterance's spontaneity and, presumably, its truthfulness.”
1 later decision quote this exact passage · from the concurrence
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.