Kreck v. Spalding’s Empirical Analysis
721 F.2d 1229 · 1983
Citation profile
8 federal appellate · 11 state decisions
How this case has been cited
Cited by 23 later decisions — most recently November 2015
8 federal appellate · 11 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. § 1783 · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Wainwright v. Sykes · Pointer v. Texas · Hamling v. United States · California v. Green · Picard v. Connor
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[The defendant] was presented with the dilemma of preparing a defense to the second degree assault upon which the felony murder was founded without knowing whether the State would proceed on the theory that the second degree assault was founded on the “intent to injure” under [former RCW 9.11-.020(1) (1909) 7 ] or “to enable or assist himself... to commit any crime” under [former RCW 9.11.020(2)]. To allow the State to charge in such nebulous terms and proceed to trial on either of these theories would in itself be violative of the principle of fundamental fairness on which due process of law is bottomed. The practical inquiry as to the sufficiency of the information .. . reveals that on this basis alone, [the defendant] would not have received the requisite notice to adequately prepare his defense.”
1 later decision quote this exact passage · from the majority“an inquiry into the likelihood that cross-examination of the declarant at trial could successfully call into question the declaration's apparent meaning or the declarant's sincerity, perception, or memory.”
1 later decision quote this exact passage · from the majoritye.g. State v. Smith“`It cannot be thought that the Constitution was intended to close the door to the legislative department of government to establish new public records with like probative value.'”
1 later decision quote this exact passage · from the majoritye.g. State v. Smith
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.