Rachel v. Bordenkircher’s Empirical Analysis
590 F.2d 200 · 1978
Citation profile
48 federal appellate · 2 state decisions
How this case has been cited
Cited by 79 later decisions — most recently March 2006 · most notably United States v. Bess (1979), Walker v. Engle (1983)
48 federal appellate · 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
Relies on Miranda v. State of Arizona Vignera · Bruton v. United States · Wainwright v. Sykes · Griffin v. California · Fay v. Noia
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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We are of the opinion that these affidavits satisfy the 'cause' requirement of the Wainwright test. We are further of the opinion that the required 'prejudice,' in light of the clear constitutional violations committed in this case, can be presumed. ... Alternatively, 'we find no bar to habeas relief in this case because (petitioner's) trial counsel made no objection ... at the time of trial. The magnitude of the error in this trial would make it cognizable in a habeas proceeding as plain error even where no objection had been made before the trial court.'”
1 later decision quote this exact passage · from the majority““We disagree. As already noted, the Kentucky appellate court has already had a fair opportunity to review this issue and to require petitioner to trek through Kentucky’s post-conviction relief procedure again is simply to further delay redress of a clear infraction of his constitutional rights ... Furthermore, requiring petitioner to apply for relief again in the Kentucky courts might be an exercise in futility. [Citations and footnotes omitted.]” Id., at 204”
1 later decision quote this exact passage · from the majoritye.g. Wiley v. Sowders“We don't know when he was made a captive for example. We don't know how or whether or when he was beaten. We don't know what happened to him in the hour or two hours before he was taken up there and choked to death and dumped over the mountainside. We will never know, these men won't tell us.”
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.