Thomas v. Wyrick’s Empirical Analysis
622 F.2d 411 · 1980
Citation profile
53 federal appellate · 8 district ·
How this case has been cited
Cited by 79 later decisions — most recently June 2008 · most notably Daye v. Attorney General of New York (1982), Graham v. Solem (1984)
53 federal appellate · 8 district ·
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 Wainwright v. Sykes · Fay v. Noia · Picard v. Connor · Reproductive Services, Inc. v. Walker, Judge
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.
“The question with respect to exhaustion is not merely whether [Petitioner] has in the past presented his federal claim to the state courts, but also whether there is, under the law of the [state], any presently available state procedure for the determination of the merits of the claim.”
4 later decisions quote this exact passage · from the majority“reference in Thomas’s brief in the Court of Appeals of Missouri to denial of a fair trial, without citation to any provision of the Federal Constitution or to any federal case, was not a sufficient presentation of the federal constitutional issue. It is not enough that Thomas presented all of the facts on which his federal constitutional claim would later be based. The substance of this claim, as a legal matter, was simply never presented to the state courts.”
2 later decisions quote this exact passage · from the majority“Furthermore, I am going to take the matter as submitted now. I am going to reserve a ruling on this matter in the event that under some circumstances that isn’t foreseen at this point it should be permissible to call these witnesses, but at this point the Court would be inclined to believe that this issue of character witnesses would be one which a defendant in any criminal case, and particularly this case of murder in the first degree is one in which the names of these witnesses should have been known and available and furnished to the prosecutor more than one day in advance of the trial. In any trial preparation — you express now, Mr. Gross, some statement to the effect that this is a tentative decision or not a firm intention on your part even at this time to call these witnesses — which I think would fly in the face of the rule, attempting to apply fairness to both a defendant and to the State and trial preparation. And in that basic fairness it would appear to the Court to be unfair to permit calling of these witnesses at this time. That is my ruling at this time but I want it understood that if there are any unusual circumstances that may come up that may make these witnesses proper you may call that to the attention of the Court and make the request at a later time. I am making the ruling now so you will know how to conduct the voir dire and opening statement so you won’t be caught off guard by saying something not in evidence later. MR. GROSS: I am unable to anticipat”
1 later decision quote this exact passage · from the majoritye.g. Thomas v. Wyrick
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.