Hembree v. State’s Empirical Analysis
1976
Citation profile
3 federal appellate · 38 state decisions
How this case has been cited
Cited by 41 later decisions — most recently June 2009 · most notably United States v. Impink (1984), Guesfeird v. State (1984)
3 federal appellate · 38 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 Chapman v. State of California · Powell v. State of Alabama Patterson · United States v. Matlock · McBee v. State · Davis v. United States
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The Sixth Amendment guarantees to a criminal defendant the right to effective assistance of counsel at every step in the proceedings * * * the last hour of the trial is an essential portion thereof. We hold that the court erred in not adjourning at midnight when counsel stated they could no longer be effective and that they were not thinking clearly. We are also mindful of the fatigue of the jurors. We think that absent unusual and compelling circumstances the jury should not be permitted to hear evidence until 1:00 a.m. No reasonable cause was given for proceeding until this hour and a defendant being tried for murder is not only entitled to reasonably alert counsel, but to witnesses who are reasonably alert and that the jury should likewise be clear-headed and not unduly fatigued. We think that the Fourteenth Amendment of the United States Constitution and Article 1, Section 8, of the Tennessee Constitution grants appellants these rights. This is not to say that night sessions per se are improper under unusual circumstances; however, we do hold that a night session should be terminated at a more reasonable hour, absent consent of the parties and all members of the jury.””
3 later decisions quote this exact passagee.g. State v. McMullin · State v. Parton“[T]he rights of an 18-year-old son to the use or occupation of the premises are not necessarily equal to the rights of use or occupation of his parents.... [W]hen the parents are in the custody of the law ... and are equally accessible to give or withhold consent to search, the consent and cooperation of the son does not waive the constitutional rights of the parents.”
1 later decision quote this exact passage
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.