Holt v. Sarver’s Empirical Analysis
442 F.2d 304 · 1971
Citation profile
122 federal appellate · 28 district · 16 state decisions
How this case has been cited
Cited by 264 later decisions (4 by the Supreme Court) — most recently April 2018 · most notably Wolff v. McDonnell (1974), Farmer v. Brennan (1994)
122 federal appellate · 28 district · 16 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. § 1343 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Ex Parte: Edward T Young · Robinson v. State of California · Trop v. Dulles · Weems v. United States · Sostre v. McGinnis
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 264 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As judges we are obliged to school ourselves in such objective sources as historical usage, see Wilkerson v. Utah, 99 U.S. 130 , 25 L.Ed. 345 (1870), practices in other jurisdictions, see Weems v. United States, 217 U.S. 349 , 30 S.Ct. 544 , 54 L.Ed. 793 (1910), and public opinion, see Robinson v. California, 370 U.S. 660, 666 , 82 S.Ct. 1417 , 8 L.Ed.2d 758 (1962), before we may responsibly exercise the power of judicial review to declare a punishment unconstitutional under the Eighth Amendment. [ 442 F.2d at 191 ].”
2 later decisions quote this exact passage · from the majority“In non-jury cases tried to the court, it is well settled that we will not reverse for the erroneous reception of evidence unless it appears that the competent evidence is insufficient to support the judgment or that the court was induced by incompetent evidence to make an essential finding which it would not otherwise have made. Friedman v. Fordyce Concrete, Inc., 8 Cir., 362 F.2d 386, 389; Joseph A. Bass Co. v. United States, to Use of Peter Kiewit Sons’ Co., 8 Cir., 340 F.2d 842 , 845. * * *”
2 later decisions quote this exact passage · from the majority“not required to search the record for error.”
2 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.