Barry v. White’s Empirical Analysis
64 F.2d 707 · 1933
Citation profile
26 federal appellate · 2 district · 4 state decisions
How this case has been cited
Cited by 34 later decisions (2 by the Supreme Court) — most recently November 1974 · most notably Durham v. United States (1954), Whalem v. United States (1965)
26 federal appellate · 2 district · 4 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 In re Neagle · Nobles v. State of Georgia · 51 Tex. Civ. App. 83 - Pittman v. Byars · Graves's Case · Turner v. Hendryx
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.
““A trial by jury cannot be demanded by a prisoner or respondent in a habeas corpus proceeding as a matter of right. Might as well a trial in a preliminary examination, or in chancery, by jury be demanded. There is no provision in the constitution of the United States, neither is there in any of the state constitutions, which gives the right to have these issues of fact tried by a jury in such proceedings. The constitutions, federal and state, provide, substantially, that the right of jury trial shall not be violated, but it is no violation of this inestimable privilege to deny it in chancery proceedings, preliminary examinations, and proceedings by habeas corpus.””
1 later decision quote this exact passage““The constitutional guaranty of trial by jury preserves such right only as it existed at common law or by statute prior to the adoption of the Constitution, and does not extend it to the trial of issues the determination of which had been theretofore by the court alone, as on hearings of habeas corpus.””
1 later decision quote this exact passage · from the majority
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.