Hardee v. Kuhlman’s Empirical Analysis
581 F.2d 330 · 1978
Citation profile
5 federal appellate · 1 district · 5 state decisions
How this case has been cited
Cited by 15 later decisions (1 by the Supreme Court) — most recently October 2022
5 federal appellate · 1 district · 5 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 Illinois v. Allen · Cupp v. Naughten · Estelle v. Williams · Henderson v. Kibbe · Hill v. United Brotherhood of Carpenters & Joiners, Local 25
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Trying a defendant for a crime while he sits bound and gagged before the judge and jury would to an extent comply with that part of the Sixth Amendment's purposes that accords the defendant an opportunity to confront the witnesses at the trial. But even to contemplate such a technique, much less see it, arouses a feeling that no person should be tried while shackled and gagged except as a last resort. Not only is it possible that the sight of shackles and gags might have a significant effect on the jury's feeling about the defendant, but the use of this technique is itself something of an affront to the very dignity and decorum of judicial proceedings that the judge is seeking to uphold.”
2 later decisions quote this exact passage · from the majority“ostensible display of unusual precaution which might have been interpreted as singling out th[ese] defendant[s] as ... particularly dangerous or guilty persons.”
1 later decision quote this exact passage · from the majority“create the impression in the minds of the jury that the defendant is dangerous or untrustworthy.”
1 later decision quote this exact passage · from the majoritye.g. Holbrook v. Flynn
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.