Davis v. Zant’s Empirical Analysis
36 F.3d 1538 · 1994
Citation profile
12 federal appellate · 4 state decisions
How this case has been cited
Cited by 44 later decisions — most recently February 2021 · most notably Cargill v. Turpin (1997), United States v. Carter (2001)
12 federal appellate · 4 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 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Giglio v. United States · Chambers v. Mississippi · United States v. Young · 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1) the degree to which the challenged remarks have a tendency to mislead the jury and to prejudice the accused; 2) whether they are isolated or extensive; 3) whether they were deliberately or accidentally placed before the jury; and 4) the strength of the competent proof to establish the guilt of the accused.”
7 later decisions quote this exact passage · from the majority“The failure to object can sometimes serve to clarify an ambiguous record as to whether a particular argument was in fact misleading or prejudicial.”
1 later decision quote this exact passage · from the majoritye.g. Cargill v. Turpin“[l]ittle time and no discussion is necessary to conclude that it is improper for a prosecutor to use misstatements and falsehoods,”
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.