Gibbs v. Frank’s Empirical Analysis
387 F.3d 268 · 2004
Citation profile
7 federal appellate · 1 district · 4 state decisions
How this case has been cited
Cited by 23 later decisions — most recently August 2020
7 federal appellate · 1 district · 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
Relies on Miranda v. State of Arizona Vignera · Williams v. Taylor · Simmons v. United States · Brecht v. Abrahamson · Malloy v. Hogan
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.
“[T]he Fifth — but not Sixth — Amendment right can be waived when the defendant initiates a trial defense of mental incapacity or disturbance, even though the defendant had not been given Miranda warnings (Buchanan, Powell). But that waiver is not limitless; it only allows the prosecution to use the interview to provide rebuttal to the psychiatric defense (Buchanan, Powell).”
6 later decisions quote this exact passage · from the majoritye.g. State v. Cheever · Crawford v. Epps
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.