Billups v. Garrison’s Empirical Analysis
718 F.2d 665 · 1983
Citation profile
9 federal appellate · 2 state decisions
How this case has been cited
Cited by 14 later decisions — most recently May 2011
9 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
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Illinois v. Allen · Thompson v. United States · State v. Tolley · United States v. Samuel · State v. Billups
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Nor are we persuaded by appellant’s argument that the record, when viewed as a whole, fails to justify his shackling. The record, as amplified by the discovery conducted in the habeas proceeding, reveals that the Sheriff’s Department, which normally provides courtroom security in North Carolina, was, as trial judge Bruce found, shorthanded the week of the trial; that the additional uniformed, armed officers, who were either in the courtroom or adjacent to it in the courthouse, were assigned duties other than guarding Billups; that the courtroom design made it an unsecure area; and that Billups posed more than an average escape risk. Finally, the record reveals that the jurors observed Billups in shackles at most one time, that Judge Bruce issued appropriate cautionary instructions to ensure that Billups would not be prejudiced by that fact, and that steps were taken to ensure that during trial the jurors would not see Billups in shackles.” 718 F.2d at 668-69 . Tolley, 290 N.C. 349 , 226 S.E.2d 353 , is also instructive: “[I]n addition to the uncontroverted fact of defendant’s prior escape attempt, the court, in making its decision, also had before it the facts that defendant was a twenty-five-year-old male, in apparent good health and physical condition, who was charged with two rapes, and that the sheriff, charged with the custody of defendant during the trial, was of the opinion that shackles were necessary. Furthermore, although it is possible, as defendant suggests, that”
1 later decision quote this exact passage · from the majoritye.g. Bowers v. State“unable to say that the trial judge committed constitutional error in finding it necessary to restrain [the defendant] during his trial”
1 later decision quote this exact passage · from the majority“base[d] ... on the information available to him at the time of trial”
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.