Cooper v. Griffin’s Empirical Analysis
455 F.2d 1142 · 1972
Citation profile
25 federal appellate · 3 district · 25 state decisions
How this case has been cited
Cited by 66 later decisions — most recently April 2022 · most notably State v. Hernandez (1987), State v. Toste (1986)
25 federal appellate · 3 district · 25 state decisions — followed in 16 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.
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Miranda v. State of Arizona Vignera · Johnson v. Zerbst · Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · Escobedo v. Illinois · McNabb 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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The requirement of “knowing and intelligent” waiver implies a rational choice based upon some appreciation of the consequences of the decision.... Here [the defendants] surely had no appreciation of the options before them or of the consequences of their choice [to sign waivers]. Indeed it is doubtful that they even comprehended all of the words that were read to them. Thus, they could not have made a “knowing and intelligent” waiver of their rights.”
6 later decisions quote this exact passage · from the majority““Under the Constitution, any suspect of a crime is guaranteed the rights to assistance of counsel and to remain silent during in-custody police interrogation, and any statement obtained in derogation of those rights is inadmissible in a subsequent criminal prosecution .... The suspect may, of course, waive these rights provided the waiver is knowingly and intelligently made.” Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938).”
1 later decision quote this exact passage · from the majority“Petitioner had been in the continuous custody of the police for over 8 hours and had not been fed at all during that time. He had not been given access to family, friends, or counsel at any point. He is an illiterate, with only a third grade education, whose mental capacity is decidedly limited. Under the circumstances, the fact that the police may have warned petitioner of his right not to speak is of little significance.”
1 later decision quote this exact passage · from the majoritye.g. Smith v. Kemp
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.