Barber v. Page’s Empirical Analysis
1968
Citation profile
729 federal appellate · 78 district · 1,905 state decisions
How this case has been cited
Cited by 3,293 later decisions (80 by the Supreme Court) — most recently February 2026 · most notably Schneckloth v. Bustamonte (1973), Crawford v. Washington (2004)
729 federal appellate · 78 district · 1,905 state decisions — followed in 50 states
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.
Appellate journey
reviewedJack Allen Barber v. Ray H. Page, Warden (from Tenth Circuit Court of Appeals)
Relationships
Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Johnson v. Zerbst · Pointer v. Texas · Douglas v. Alabama · Mattox v. United States
Cited together with California v. Green · Pointer v. Texas · Ohio v. Roberts · Mattox v. United States · Dutton v. Evans
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 3,293 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“there has traditionally been an exception to the confrontation requirement where a witness is unavailable and has given testimony at previous judicial proceedings against the same defendant which was subject to cross-examination by that defendant.”
140 later decisions quote this exact passage · from the majority“The right to confrontation is basically a trial right. It includes both the opportunity to cross-examine and the occasion for the jury to weigh the demeanor of the witness. A preliminary hearing is ordinarily a much less searching exploration into the merits of a case than a trial, simply because its function is the more limited one of determining whether probable cause exists to hold the accused for trial.”
60 later decisions quote this exact passage · from the majority“in all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him.”
13 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.