Fretwell v. State’s Empirical Analysis
1986
Citation profile
4 federal appellate · 81 state decisions
How this case has been cited
Cited by 93 later decisions (4 by the Supreme Court) — most recently April 2020 · most notably Lockhart v. Fretwell (1993), Whitmore v. Arkansas (1990)
4 federal appellate · 81 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
Relies on Lockhart v. McCree · Commodity Futures Trading Commission v. Weintraub · Copeland v. United States · Wicks v. State · Frey v. Francis
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 93 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Criminal cases which require trial by jury must be so tried unless (1) waived by the defendant, (2) assented to by the prosecutor, and (3) approved by the court. The first two requirements are mandatory before the court has any discretion in the matter.”
2 later decisions quote this exact passagee.g. Winkle v. State · State v. Smittie“If the review process, which is directed and controlled by the federal courts, continues to require about ten years and at least seven or eight separate reviews to approach finality, then the process is not just inefficient, it is a failure. A legal system such as ours which fails to honestly, directly, and efficiently address legal questions of this magnitude will lose the most important foundation stone of that system — the respect of the people.”
1 later decision quote this exact passage · from the concurrencee.g. State v. Smith“No defendant charged with a capital felony may waive either trial by jury on the issue of guilt or the right to have sentence determined by a jury unless: * * * (b) the prosecuting attorney, with the permission of the court, has waived the death penalty...[.]”
1 later decision quote this exact passagee.g. State v. Smittie
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.