Swofford v. DeTella’s Empirical Analysis
101 F.3d 1218 · 1996
Citation profile
10
cited by 10 later decisions
April 2000
most recently cited
6 federal appellate ·
Relationships
Relies on Strickland v. Washington · Coleman v. Thompson · Wainwright v. Sykes · Davis v. Alaska · Darden v. Wainwright
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In Darden , the Supreme Court considered the following factors as relevant to determining whether a petitioner has been deprived of a fair trial: (1) whether the prosecutor’s arguments manipulated or misstated the evidence; (2) whether the remarks implicated specific rights of the accused, such as the right to remain silent; (3) whether the defense invited the response; (4) the instructions of the trial court; (5) the weight of the evidence against the petitioner; and (6) whether the defense was afforded an opportunity to rebut the remarks.”
2 later decisions quote this exact passage · from the majority“I sat here and heard that description of what that little boy gave as to what happened in his mom’s bedroom that day, and he used the best words he had command of, the best words he could grasp, to describe a violent, anal sexual assault that was perpetrated on him by this man. There is no other circumstance, ladies and gentlemen, that could have happened to that little five year old boy—three years old when it happened—that describes this situation other than what I have just alleged and what we have charged this man with. * * * * * * And you have to bear in mind, too, that at five years of age, [J.S.] should not have the kind of sexual knowledge that he showed you while he testified.”
1 later decision quote this exact passage · from the majoritye.g. Swofford v. Dobucki“[J.S.] corroborated himself from his description of the event that happened. And if this event didn’t happen, ladies and gentlemen, where did he get the information what happened to him to make him dream up this wild, bizarre set of circumstances?”
1 later decision quote this exact passage · from the majoritye.g. Swofford v. Dobucki
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.