Smith v. Kemp’s Empirical Analysis
715 F.2d 1459 · 1983
Citation profile
29 federal appellate · 7 state decisions
How this case has been cited
Cited by 64 later decisions (1 by the Supreme Court) — most recently April 2009 · most notably McCleskey v. Kemp (1985), State v. Paradise (1990)
29 federal appellate · 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
Relies on Brady v. State of Maryland · Giglio v. United States · Wainwright v. Sykes · Witherspoon v. Illinois · Village of Arlington Heights v. Metropolitan Housing Development Corp.
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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The thrust of Giglio and its progeny has been to ensure that the jury know the facts that might motivate a witness in giving testimony, and that the prosecutor not fraudulently conceal such facts from the jury.”
10 later decisions quote this exact passagee.g. Routly v. State · Tompkins v. State“(b) Successive petitions. A second or successive petition may be dismissed if the judge finds that it fails to allege new or different grounds for relief and the prior determination was on the merits or, if new and different grounds are alleged, the judge finds that the failure of the petitioner to assert those grounds in a prior petition constituted an abuse of the writ.”
2 later decisions quote this exact passage“determining whether the “ends of justice” would be served by readdressing the merits of the same contention as raised in the prior petition, we must look at objective factors, such as whether this was a full and fair hearing with respect to the first petition and whether there has been an intervening change in the law.”
2 later decisions quote this exact passage
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.