Frey v. Schuetzle’s Empirical Analysis
151 F.3d 893 · 1998
Citation profile
11 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 27 later decisions — most recently June 2025 · most notably United States v. Ferrarini (2000), Winfield v. Roper (2006)
11 federal appellate · 2 district · 1 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
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Missouri v. Continential Insurance Cos. · Rock v. Arkansas · Nix v. Whiteside · Duncan v. Henry
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[The Eighth Circuit has] previously held that a knowing and voluntary waiver of the right [to testify] may be found based on a defendant’s silence when his counsel rests without calling him to testify. [The Eighth Circuit] stressed that under such circumstances the defendant must act affirmatively rather than apparently acquiescing in his counsel’s advice that he not testify, and then later claiming that his will to testify was overcome.”
3 later decisions quote this exact passage · from the majority“Before a federal court may reach the merits of a claim in a habeas petition by a state prisoner, it “must first determine whether the petitioner has fairly presented his federal constitutional claims to the state court.” See Duncan v. Henry, 513 U.S. 364, 365-66 , 115 S.Ct. 887 , 130 L.Ed.2d 865 (1995) (per curium); McCall v. Benson, 114 F.3d 754, 757 (8th Cir.1997). “In order to fairly present a federal claim to the state courts, the petitioner must have referred to a specific federal constitutional right, a particular constitutional provision, a federal constitutional case, or a state case raising a pertinent federal constitutional issue in a claim before the state courts.” McCall, 114 F.3d at 757 (internal quotations omitted).”
1 later decision quote this exact passage · from the majority“harmless error analysis applies to the denial of a defendant's right to testify”
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.