Riley v. Deeds’s Empirical Analysis
56 F.3d 1117 · 1995
Citation profile
30 federal appellate · 7 state decisions
How this case has been cited
Cited by 49 later decisions — most recently August 2020 · most notably United States v. Love (1998), United States v. Noushfar (1996)
30 federal appellate · 7 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 Arizona v. Fulminante · O'NEAL v. McAninch · Murphy v. Sullivan · Capital Traction Co. v. Hof · Sanders v. Ratelle
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A judge's absence during a criminal trial, including court proceedings after a jury begins deliberations, is error of constitutional magnitude. See Peri v. State, 426 So.2d 1021, 1023-24 (Fla.Dist.Ct.App.1983) (listing state court cases recognizing this principle). The presence of a judge is at the "very core" of the constitutional guarantee of trial by an impartial jury. Id. at 1023 . "This proposition has been so generously admitted, and so seldom contested, that there has been little occasion for its distinct assertion." Id. (quoting Capital Traction Co. v. Hof, 174 U.S. 1, 13-14 , 19 S.Ct. 580, 585-86 , 43 L.Ed. 873 (1898)).”
2 later decisions quote this exact passage · from the majority“failure to rule on whether the victim's direct examination should have been read back, coupled with his absence and unavailability during the readback proceedings, resulted in structural error that rendered Riley's trial fundamentally unfair and deprived him of due process.”
1 later decision quote this exact passage · from the majority“whether a judge's absence during the course of a trial, regardless of the nature of the proceeding from which he is absent and the duration of his absence, amounts to structural error which is reversible per se, or trial error which is subject to harmless error analysis.”
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.