Butler v. Rose’s Empirical Analysis
686 F.2d 1163 · 1982
Citation profile
43 federal appellate · 1 district · 7 state decisions
How this case has been cited
Cited by 68 later decisions — most recently March 2023 · most notably State v. Keenan (1998), Byrd v. Collins (2000)
43 federal appellate · 1 district · 7 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) · 28 U.S.C. § 371
Relies on Jackson v. Virginia · Wainwright v. Sykes · Griffin v. California · Lockett v. Ohio · Rose v. Lundy
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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“manifestly intended to be or was of such a character that the jury would naturally and necessarily take it to be a comment on the failure of the accused to testify.”
7 later decisions quote this exact passage · from the majority“It follows, of course, that once the federal claim has been fairly presented to the state courts, the exhaustion requirement is satisfied.”
3 later decisions quote this exact passage · from the majority“This is accomplished by giving the state courts an opportunity to pass upon and correct alleged violations of constitutional rights of state prisoners in the first instance.”
2 later decisions quote this exact passage · from the majoritye.g. Sampson v. Love · Ambrose v. Dutton
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.