United States v. Murdock
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The Ninth Circuit declined to apply its rule restricting a federal judge's comment on guilt as a constitutional requirement in state trials; that treatment is listed below. Courts continued to cite Murdock's separate holding that a good faith misunderstanding can defeat criminal willfulness. Murphy v. Waterfront Commission of New York Harbor rejected the Fifth Amendment rule from the earlier United States v. Murdock, 284 U.S. 141 (1931), rather than the willfulness holding of this 1934 decision.
40 later cases cite United States v. Murdock; 40 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on United States v. Murdock?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Limited
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The en banc Ninth Circuit declined to make Murdock's rule about a federal judge's comment on guilt a federal due process requirement for state trials.
Davis v. Craven · Ninth Circuit, en banc · filed
We do not favor “constitutionalizing,” and thus imposing on the states, the result reached in United States v. Murdock, 1933, 290 U.S. 389, 54 S.Ct. 223, 78 L.Ed. 381.
Read the full opinion on CourtListener →
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