Smith v. Richert’s Empirical Analysis
35 F.3d 300 · 1994
Citation profile
17 federal appellate · 1 district ·
How this case has been cited
Cited by 23 later decisions — most recently July 2015
17 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
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Boyd v. United States · Fisher v. United States · Shapiro v. United States · United States v. Doe · California v. Byers
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The only time the government needed the required records doctrine anymore was when the act of production was itself testimonial, that is, when it communicated knowledge possessed by the person making the production and was, therefore — but for the doctrine — protected by the Fifth Amendment from being compelled by the government.”
1 later decision quote this exact passage“[A] defendant can move to dismiss or for summary judgment on fewer than all possible grounds without waiving the others, . . . but if the case goes to trial he cannot hold some of his grounds in reserve for use should he lose on the grounds he does present.”
1 later decision quote this exact passage · from the majority“production of personal tax records of the character of W-2's and 1099's would have testimonial force and incriminate the taxpayer . . . the required-records doctrine is inapplicable and that production is excused by the self-incrimination clause.”
1 later decision quote this exact passage · from the dissente.g. In Re MH
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.