Brown v. Smith’s Empirical Analysis
551 F.3d 424 · 2008
Citation profile
30 federal appellate · 3 state decisions
How this case has been cited
Cited by 69 later decisions — most recently August 2023 · most notably Drennen v. PNC Bank National Ass'n (2010), Gardner v. Galetka (2009)
30 federal appellate · 3 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 Strickland v. Washington · Wiggins v. Smith, Warden · Harris v. Reed · Holland v. Jackson · People v. Ginther
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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] party cannot waive the proper standard of review by failing to argue it.”
3 later decisions quote this exact passage · from the majority“[T]he record indicates that Ray may be able to rebut the presumption that his Cronic claim was adjudicated on the merits in state court. Ray raised his critical stage claim in his state habeas petition and a supplemental motion. Specifically, Ray argued in his Supplemental Motion for Relief that his "defense was irretrievably lost by the trial court's failure to allow defense counsel's presence at the in-camera review, as well as the denial of the request for review of the record, as was requested by trial counsel.... A[nd] that period, moment, and event in the course of his criminal proceeding was a 'CRITICAL STAGE.' " The Wayne County Circuit Court characterized this claim as follows: "The court erred in failure to provide Straughter's relation with Romulus Police as an informant as revealed in an in-camera proceeding (raised in defendant's pro per supplemental motion, Oct. 16, 2008)." It then denied Ray's claim without any discussion of Cronic , the Sixth Amendment, or critical stage jurisprudence. Instead, the state court rejected Ray's argument based on its conclusion that, as a matter of state evidentiary law, Straughter's relationship with the police was irrelevant. Relevance, however, is not the proper inquiry for a constitutional claim under Cronic ; as mentioned above, the Cronic analysis turns on whether an individual was denied counsel during a critical stage of trial. The state court's analysis of Ray's Cronic claim, therefore, strongly suggests that the claim "w”
2 later decisions quote this exact passage · from the concurrencee.g. Langley v. Prince · Ray v. Bauman“An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a state court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim— (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.”
2 later decisions quote this exact passage · from the concurrence
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.