Harless v. Anderson’s Empirical Analysis
664 F.2d 610 · 1981
Citation profile
10 federal appellate · 2 state decisions
How this case has been cited
Cited by 20 later decisions (1 by the Supreme Court) — most recently June 2005
10 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 Sandstrom v. Montana · Mullaney v. Wilbur · Picard v. Connor · Smith v. Phillips · Cupp v. Naughten
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Harless’ reliance on [People v.] Martin [ 392 Mich. 553 , 221 N.W.2d 336 (1974)] was sufficient to present the state courts with the substance of his due process challenge to the malice instruction for habeas exhaustion purposes. The substance of Harless’ state appeal, although unartfully phrased, sufficiently asked the state court to consider that the incorrect malice instruction denied Harless a fair jury trial by effectively eliminating the possibility of a manslaughter verdict from the jury’s consideration. In our view, the due process ramifications were self-evident.”
2 later decisions quote this exact passage · from the majority“In our view, Harless adequately exhausted available state remedies for purposes of 28 U.S.C. §§ 2254(b) and (c). The respondent concedes that Harless presented to the state appellate courts all the facts on which he based his federal constitutional claim. Respondent contends, however, that the state courts had no opportunity to correct the constitutional error, because Harless did not explicitly complain to the state courts that the malice instruction denied him due process.”
1 later decision quote this exact passage · from the majoritye.g. Anderson v. Harless“People v. Harless, 78 Mich.App. 745, 261 N.W.2d 41, 43 (1977) (emphasis added). At Harless' trial the court gave the following definition of malice to the jury:”
1 later decision quote this exact passage · from the majoritye.g. Anderson v. Harless
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.