Wilmer v. Johnson’s Empirical Analysis
30 F.3d 451 · 1994
Citation profile
11 federal appellate · 2 district · 2 state decisions
How this case has been cited
Cited by 18 later decisions — most recently March 2025
11 federal appellate · 2 district · 2 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 18 U.S.C. § 3742 · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Teague v. Lane · Burks v. United States · Benton v. Maryland · Green v. United States · United States v. DiFrancesco
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] State can waive the Teague bar by not raising it. . . . Although we undoubtedly have the discretion to reach the State's Teague argument, we will not do so in these circumstances.”
1 later decision quote this exact passage · from the majoritye.g. Fountain v. Kyler“[I]n Bullington , a capital case, the Court carved out an exception to the general rule that the Double Jeopardy Clause does not apply in the sentencing context.”
1 later decision quote this exact passage · from the majority“The lower standard of proof signifies a more lax procedure which in turn signifies that a hearing is not, in the Bullington calculus, trial-like.”
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.