Eberhardt v. Bordenkircher’s Empirical Analysis
605 F.2d 275 · 1979
Citation profile
70 federal appellate · 2 state decisions
How this case has been cited
Cited by 95 later decisions — most recently June 2020 · most notably Gall v. Parker (2000), United States v. Monaghan (1984)
70 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 Chapman v. State of California · Griffin v. California · Donnelly v. DeChristoforo · Taylor v. Kentucky · United States v. Hammond
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 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“demonstrate beyond a reasonable doubt that the error did not contribute in any way to the conviction of the defendant.”
6 later decisions quote this exact passage“has been strongly condemned in federal trials, as effectively eliminating the presumption of innocence and replacing it with an unmistakable badge of criminality.”
2 later decisions quote this exact passagee.g. Taylor v. Rees · State v. Alwin“[i]t only takes a single comment, however, to remind a jury that the defendant has not testified and to fix in the jurors' minds the impermissible inference that the defendant is guilty merely because of his exercise of that right.”
1 later decision quote this exact passage
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.