Booker v. Wainwright’s Empirical Analysis

703 F.2d 1251 · 1983

Citation profile

cited by 43 later decisions

cited 2 times by the Supreme Court

states following

November 2002

most recently cited

23 federal appellate · 6 state decisions

How this case has been cited

Cited by 43 later decisions (2 by the Supreme Court) — most recently November 2002 · most notably Cape v. Francis (1984), Magwood v. Smith (1986)

23 federal appellate · 6 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 Wainwright v. Sykes · Bonner v. City of Prichard · United States v. Frady · Lockett v. Ohio · Ohio Bureau of Employment Services v. Hodory

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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

“[c]onsiderations of comity and federalism have resulted in the development of a well-settled exception to the procedural default rule of Sykes: where a state appellate court does not rely on a procedural default, but reaches the merits of the federal law claim, the Sykes bar is inapplicable.”
1 later decision quote this exact passage · from the majority
e.g. Burger v. Zant
“"Yet even assuming Booker's statements [to psychiatrist] would not have been admissible in the state's case, there is no constitutional prohibition against using the information for impeachment purposes. Harris v. New York, 401 U.S. 222 , 91 S.Ct. 643 , 28 L.Ed.2d 1 (1971)."”
1 later decision quote this exact passage · from the majority
e.g. Powell v. State
“the introduction by the defense of psychiatric testimony constituted a waiver of the defendant's fifth amendment privilege in the same manner as would the defendant's election to testify at trial.”
1 later decision quote this exact passage · from the majority
e.g. Powell v. State

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.