310 F. Supp. 504 - Frazier v. Roberts’s Empirical Analysis
1970
Citation profile
4 federal appellate · 1 state decisions
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Aguilar v. Texas · Spinelli v. United States · Townsend v. Sain · Fay v. Noia · Johnson v. United States
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““* * * The question, then, is whether this Court in this collateral proceeding is required to set aside the conviction on account of a defect in the affidavits which could and should have been brought to the attention of the State courts. This, in the Court’s estimation, is the most important question in the case, and it is a difficult and delicate one. * * * * * * The Court must start with the proposition that the failure of petitioner’s original attorneys to get at least the first affidavit into the record was a serious and inexplicable mistake. * * But, the Constitution of the United States does not protect criminal de fendants from mere mistakes of counsel, even though they may be serious ones. * * *””
1 later decision quote this exact passagee.g. Frazier v. Roberts““Petitioner countered by pointing out that if he had to appeal again to the Supreme Court of Arkansas and if the order of the Circuit Court should be reversed, the case would probably simply be remanded for an evidentiary hearing; that if the Circuit Court should again overrule the Rule 1 petition, petitioner would have to appeal a third time to the Supreme Court of Arkansas, and that the State court process would take months, if not years, to complete during all of which time petitioner would be confined in the Penitentiary.””
1 later decision quote this exact passagee.g. Frazier v. Roberts““Here the Sheriff had probable cause, and it seems that he imparted his information to the Mayor. But, he was not under oath when he did so, and his affidavits show nothing but his belief about the tools and the gambling equipment.””
1 later decision quote this exact passagee.g. Frazier v. Roberts
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.