Higgins v. Wainwright’s Empirical Analysis
424 F.2d 177 · 1970
Citation profile
54 federal appellate · 1 district · 9 state decisions
How this case has been cited
Cited by 92 later decisions — most recently August 2007 · most notably United States v. Franks (1975), United States v. Chaney (1981)
54 federal appellate · 1 district · 9 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 United States v. Wade · Murphy v. Houma Well Service · Huth v. Southern Pacific Co. · Murphy v. Beto
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 92 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Habeas corpus does not lie to set aside a conviction on the basis of improper jury instructions unless the impropriety is a clear denial of due process so as to render the trial fundamentally unfair. Higgins v. Wainwright, 424 F.2d 177, 178 (C.A. 5th Cir. 1970), cert. denied 400 U.S. 905 , 91 S.Ct. 145 , 27 L.Ed.2d 142 , rehearing denied 400 U.S. 1002 , 91 S.Ct. 463 , 27 L.Ed.2d 455 (1971)”
3 later decisions quote this exact passage · from the majority“is present. Fed.R.Crim.P. 52(b). In denying an application for habeas corpus relief, this court has held that the failure of the trial judge to instruct the jury on a lesser included offense when there was no request for such an instruction, was not”
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.