McCarthy v. Zerbst’s Empirical Analysis
85 F.2d 640 · 1936
Citation profile
30 federal appellate · 2 district · 15 state decisions
How this case has been cited
Cited by 55 later decisions (3 by the Supreme Court) — most recently September 2011 · most notably Wade v. Hunter (1949), Serfass v. United States (1975)
30 federal appellate · 2 district · 15 state decisions — followed in 10 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 18 U.S.C. § 241 (Church Arson Prevention Act of 1996) · 18 U.S.C. § 242
Relies on Gavieres v. United States · Burton v. United States · Morgan v. Devine · Carter v. McClaughry · Brady 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * where a case is tried to a court without a jury, jeopardy begins after accused has been indicted and arraigned, has pleaded and the court has begun to hear evidence.””
2 later decisions quote this exact passage · from the majoritye.g. State v. Madden · Belveal v. Rambo““The general rule is that a person is not in jeopardy until he has been arraigned on a valid indictment or information, has pleaded, and a jury has been impaneled and sworn; and where a case is tried to a court without a jury, jeopardy begins after accused has been indicted and arraigned, has pleaded and the court - has begun to hear evidence.” [Footnotes omitted.]”
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.