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← 599 F.2d 842 - Klimas v. Mabry

Klimas v. Mabry’s Empirical Analysis

599 F.2d 842 · 1979

Citation profile

22
cited by 22 later decisions
1
cited 1 times by the Supreme Court
1
states following
September 1991
most recently cited

13 federal appellate · 2 state decisions

How this case has been cited

Cited by 22 later decisions (1 by the Supreme Court) — most recently September 1991

13 federal appellate · 2 state decisions

140197919801990decided

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. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Davis v. Alaska · Ohio Bureau of Employment Services v. Hodory · Irvin v. Dowd · Brown v. Allen · Hill v. United States

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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““Such prejudice would be presumed unless the state could establish that it possessed evidence at the time of trial establishing the three prior convictions necessary to support Cox’s sentence. Cox’s right to a redetermination by jury of his habitual criminal conviction was not raised in that case, and, thus, we did not address that issue.””
    2 later decisions quote this exact passage · from the majority
  2. ““(3) If the fourth or subsequent offense is such that, upon a first conviction, the offender could be punished by imprisonment for a term less than his natural life, then the person shall be sentenced to imprisonment for the fourth or subsequent offense for a determinate term not less than the maximum sentence provided by law for a first conviction of the offense for which the defendant is being tried, and not more than one and one half (IV2) times the maximum sentence provided by law for a first conviction: provided, that any person convicted of a fourth or subsequent offense shall be sentenced to imprisonment for not less than five (5) years.””
    1 later decision quote this exact passage · from the majority
  3. “Generally the failure of a state court to comply with the provisions of state law in its criminal trials is purely a matter of local concern and is not reviewable by federal courts under the due process clause of the federal constitution. The failure of a state to afford a particular defendant the benefit of established procedures under state law may, however, result in a denial of due process when the error made by the state court renders the state proceedings so fundamentally unfair or so fundamentally deficient that they are inconsistent with the rudimentary demands of fair procedure.”
    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.