Fero v. Kerby’s Empirical Analysis
39 F.3d 1462 · 1994
Citation profile
70 federal appellate · 7 district · 6 state decisions
How this case has been cited
Cited by 138 later decisions — most recently April 2024 · most notably Douglass v. United Services Automobile Ass'n (1996), Phelps v. Hamilton (1997)
70 federal appellate · 7 district · 6 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. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Brady v. State of Maryland · Johnson v. Zerbst · United States v. Bagley · Witherspoon v. Illinois · Estelle v. McGuire
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 138 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the strength of the evidence against the defendant and ... whether the prosecutor's statements plausibly 'could have tipped the scales in favor of the prosecution.'”
5 later decisions quote this exact passage · from the concurrencee.g. Hoxsie v. Kerby · Moore v. Reynolds“"Itlhe Supreme Court's jurisprudence divides cases involving nondisclosure of evidence into two distinct universes. Brady and its progeny address exculpatory evidence still in the government's possession. [Arizona v. Youngblood, 488 U.S. 51, 58 , 109 S.Ct. 333 , 102 L.Ed.2d 281 (1988) ] and [California v. Trombetta, 467 U.S. 479 , 104 S.Ct. 2528, 81 L.Ed.2d 413 (1984) ] govern cases in which the government no longer possesses the disputed evidence." Fero v. Kerby, 39 F.3d 1462, 1472 (10th Cir.1994) (quoting United States v. Femia, 9 F.3d 990, 993 (1st Cir.1993)).”
4 later decisions quote this exact passage · from the majority“[E]vidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.”
4 later decisions 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.