Burr v. Pollard’s Empirical Analysis
546 F.3d 828 · 2008
Citation profile
5 federal appellate · 4 state decisions
How this case has been cited
Cited by 13 later decisions (2 by the Supreme Court) — most recently December 2022
5 federal appellate · 4 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. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Chapman v. State of California · Williams v. Taylor · Brecht v. Abrahamson · Lockyer Attorney General of California v. Andrade · Fry v. Pliler
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“silence can be consistent not only with exercising one's constitutional right, but also with a lack of remorse,”
4 later decisions quote this exact passage · from the majority“The due process clause of the fifth amendment prohibits a court from punishing a defendant for exercising a constitutional right. There is a distinction, however, between punishing a defendant for exercising his right to remain silent and considering the defendant's character in determining an appropriate sentence. .... It is well established that a sentencing judge may consider lack of remorse when imposing a sentence. We recognize that it may sometimes be difficult to distinguish between punishing a defendant for remaining silent and considering a defendant's failure to show remorse.”
1 later decision quote this exact passage · from the majoritye.g. Brown v. State
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.