Weston v. Kernan’s Empirical Analysis
50 F.3d 633 · 1995
Citation profile
20 federal appellate · 2 district · 2 state decisions
How this case has been cited
Cited by 35 later decisions — most recently February 2014 · most notably Bruce Downey v. Joseph Crabtree, Warden, Federal Correctional Institution (1996), Earnest v. Dorsey (1996)
20 federal appellate · 2 district · 2 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. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Donnelly v. DeChristoforo · Green v. United States · Missouri v. Continential Insurance Cos. · United States v. Jorn · Arizona v. Washington
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“), cert. denied, - U.S. -, 116 S.Ct. 351 , 133 L.Ed.2d 247 (1995); Glover v. McMackin, 950 F.2d 1236, 1240 (6th Cir.1991) (”[C]onsent should be implied 'only where the circumstances positively indicate a defendant's willingness to acquiesce in the mistrial order.’”
2 later decisions quote this exact passage · from the majority“(1) [Wjhether the ... trial court heard the position of the parties with regard to a mistrial; (2) whether it considered alternatives to granting a mistrial; (3) whether it acted deliberately and not abruptly; and (4) whether it determined the defendant would benefit from a mistrial.”
1 later decision quote this exact passage · from the majority“When an error certain to result in reversal occurs, manifest necessity is apparent.”
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.