Tommy Ray Jackson v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division’s Empirical Analysis
194 F.3d 641 · 2000
Citation profile
35 federal appellate · 1 district ·
How this case has been cited
Cited by 80 later decisions — most recently March 2025 · most notably Dennis Thurl Dowthitt v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division (2000), McNair v. Campbell (2005)
35 federal appellate · 1 district ·
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
Relies on Brady v. State of Maryland · United States v. Bagley · Kyles v. Whitley · Lindh v. Murphy · Donnelly v. DeChristoforo
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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) what the state courts have done in similar’ cases; (2) whether the history of the case suggests that the state court was aware of any ground for not adjudicating the case on the merits; and (3) whether the state courts’ opinions suggest reliance upon procedural grounds rather than a determination on the merits.”
4 later decisions quote this exact passage · from the majoritye.g. Salazar v. Dretke · Woodfox v. Cain“the federal court should 'look through' to the last clear state decision on the matter.”
3 later decisions quote this exact passage · from the majority“an adequate procedural bar” (quoting Dowthitt v. Johnson, 230 F.3d 733, 752 (5th Cir.2000))). 19 . Coleman, 501 U.S. at 750 , 111 S.Ct. 2546 . 20 . Id. 21 . See United States v. Shaid, 937 F.2d 228, 232 (5th Cir.1991) (en banc). 22 . Coleman, 501 U.S. at 753-54 , 111 S.Ct. 2546 . 23 . Cantu v. Thaler, 632 F.3d 157, 166-67 (5th Cir.2011) (quoting Fairman v. Anderson, 188 F.3d 635, 644 (5th Cir.1999)). 24 . See Griffin v. California, 380 U.S. 609, 614-15 , 85 S.Ct. 1229 , 14 L.Ed.2d 106 (1965); United States v. Grosz, 76 F.3d 1318, 1326 (5th Cir.1996) ("It is, of course, improper for a prosecutor to comment on a defendant's exercise of his Fifth Amendment rights.”). 25 . Grosz, 76 F.3d at 1326 (quoting United States v. Collins, 972 F.2d 1385, 1406 (5th Cir.1992)). 26 . Id. (citing Collins, 972 F.2d at 1406 ). 27 . Id. (quoting Collins, 972 F.2d at 1406 ); see also Jackson v. Johnson, 194 F.3d 641, 652 (5th Cir.1999) ("For there to have been a denial of one's [FJifth [Ajmendment right to remain silent, the prosecutor’s manifest intent in making the remark must have been to comment on the defendant's silence, or the character of the remark must have been such that the jury would naturally and necessarily construe it as a comment on the defendant’s silence.”
2 later decisions 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.