Grace v. Butterworth’s Empirical Analysis
635 F.2d 1 · 1980
Citation profile
16 federal appellate · 13 district · 5 state decisions
How this case has been cited
Cited by 42 later decisions — most recently January 2018 · most notably Zettlemoyer v. Fulcomer (1991), Niziolek v. Ashe (1982)
16 federal appellate · 13 district · 5 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. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on In the Matter of Samuel Winship · Wainwright v. Sykes · Fay v. Noia · Preiser v. Rodriguez · Mullaney v. Wilbur
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“completely begin [his] quest for relief anew.”
2 later decisions quote this exact passage · from the majority“"... But unless after weighing all the pros and cons we come to the conclusion that we are morally sure we are doing the right thing, then we don’t act. "For example, in your own lives at some time or other you may have had to make a decision whether to quit school, to get a job or to go on with your education; or whether to get married or stay single; or whether to stay married or get a divorce; whether to buy a house or continue to rent; or whether to pick up and move to another location and leave your friends for the offer of a better job. "Now, whenever you have had to make that type of a decision, you weigh the pros and cons carefully. And unless you are sure to a moral certainty that you are doing the right thing, you don’t act. You don’t make the change. It is that type of sureness that the law means by the expression 'beyond a reasonable doubt.’””
1 later decision quote this exact passage · from the concurrencee.g. Smith v. Butler““Although we reiterate our concern that use of the type of analogies invoked by the trial judge to help explain the reasonable doubt standard may in fact understate the degree of certainty required for a criminal conviction, we do not believe that because the judge explicitly stated the ordinary-life analogies that were merely implicit in Dunn this aspect of the charge had a significantly more detrimental impact on appellants’ rights. We do not exercise supervisory power over the state courts of Massachusetts; our review of their criminal proceedings is limited to those instances in which ‘the ailing instruction by itself so infected the entire trial that the resulting conviction violates due process.’ ...””
1 later decision quote this exact passage · from the concurrencee.g. Bumpus v. Gunter
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.