Howard v. Walker’s Empirical Analysis
406 F.3d 114 · 2003
Citation profile
14 federal appellate · 1 district ·
How this case has been cited
Cited by 38 later decisions — most recently February 2021 · most notably United States v. Stewart (2006), United States v. Martinez (2005)
14 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
Relies on Daubert v. Merrell Dow Pharmaceuticals, Inc. · Williams v. Taylor · Crawford v. Washington · Bruton v. United States · Kotteakos v. United States
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“clearly established federal law as determined by the Supreme Court when”
2 later decisions quote this exact passage · from the majority“Following AEDPA, this court has yet to define the standard of review appropriate to determine whether a non-structural constitutional error challenged on collateral review is harmless where the state court does not address the question of harmlessness. See Benn v. Greiner, 402 F.3d 100, 105 (2d Cir.2005); Gutierrez v. McGinnis, 389 F.3d 300 , 306-07 n. 7 (2d Cir.2004); [Ryan v. Miller, 303 F.3d 231, 253-54 (2d Cir.2002) ]. Prior to the passage of AEDPA, on collateral review, determination that an error was not harmless required a court to find that the error “had substantial and injurious effect or influence in determining the jury’s verdict.” [Brecht v. Abrahamson, 507 U.S. 619, 623 , 113 S.Ct. 1710 , 123 L.Ed.2d 353 (1993) (quoting Kotteakos v. United States, 328 U.S. 750, 776 , 66 S.Ct. 1239 , 90 L.Ed. 1557 (1946)).] Alternatively, this court might apply AEDPA’s standard of review for state court legal conclusions — whether the state court’s resolution of legal questions “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law” — despite the fact that the state court did not reach a determination on the question of harmlessness. 28 U.S.C. § 2254 (d)(1); see Benn, 402 F.3d at 105 . Where the question has arisen, this court has declined to resolve it, finding instead that the harmlessness determination would be identical under either analysis. Benn, 402 F.3d at 105 (citing analogous cases).”
1 later decision quote this exact passage · from the majority“while the right to cross-examination is not absolute, it is effectively denied when a defendant is prohibited from `expos[ing] to the jury the facts from which jurors, as the sole triers of fact and credibility, could appropriately draw inferences relating to the reliability of the witness.'”
1 later decision quote this exact passage · from the dissent
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.