Gayle v. Scully’s Empirical Analysis
779 F.2d 802 · 1985
Citation profile
6 federal appellate ·
How this case has been cited
Cited by 18 later decisions — most recently March 2011
6 federal appellate ·
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. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Rochin v. People of California · Tumey v. State of Ohio · Ward v. Village of Monroeville · Mayberry v. Pennsylvania · Taylor v. Hayes
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“creates a risk that the jury will be deflected from a conscientious discharge of their responsibility to find the facts, apply the law, and reach a fair verdict. The jurors may believe that they should shade their judgment to accommodate the judge’s view of the defendant’s guilt, perhaps deferring to his view in a close case. Second, even if the jurors are not swayed from an independent discharge of their solemn responsibilities, the judge’s [action] creates a risk that the trial will not be perceived by the defendant or the public as a fair adjudication of guilt or innocence, presided over by a neutral magistrate obliged to deal evenhandedly between the contending forces of the prosecution and the defense.”
1 later decision quote this exact passage · from the dissente.g. Taus v. Senkowski“A trial judge's intervention in the conduct of a criminal trial would have to reach a significant extent and be adverse to the defendant to a substantial degree before the risk of either impaired functioning of the jury or lack of the appearance of a fair trial exceeded constitutional limits.”
1 later decision quote this exact passage · from the dissent“constitutional parameters of fairness”); id. at 820 (Oakes, J., dissenting, "Gayle did not have a fair trial as a result of the excessive, biased intrusion of the trial judge,” and providing extensive examples from the trial transcript of "[t]he judge’s frequent interference,”
1 later decision quote this exact passage · from the dissente.g. Gayle v. Mann
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.