Foster v. Wolfenbarger’s Empirical Analysis
687 F.3d 702 · 2012
Citation profile
4 federal appellate ·
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Williams v. Taylor · Wiggins v. Smith, Warden · Kimmelman v. Morrison · Massaro v. United States
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he only witness who could identify [defendant] at the scene of the crime .... told the police that the assailant was 5'6" or 5'7" and weighed 180 pounds, while [defendant] is 6'0" and approximately 240 pounds. In addition, while [the witness] testified at trial that the assailant was wearing a green jacket of the same type as the man she saw [earlier], she was successfully impeached with her preliminary hearing testimony that the assailant was wearing a blue jacket. By any standard this is a weak identification. Moreover, [this] identification is the only direct link of [the defendant] to the crime — there was no forensic evidence recovered at the scene.”
1 later decision quote this exact passage · from the majority“and weighed 180 pounds, while [defendant] is 6'0”
1 later decision quote this exact passage · from the majority
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.