Webster v. Rees’s Empirical Analysis
729 F.2d 1078 · 1984
Citation profile
59 federal appellate ·
How this case has been cited
Cited by 69 later decisions — most recently January 2010 · most notably Olsen v. McFaul (1988), United States v. Jordan (1987)
59 federal appellate ·
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 Berger v. United States · McClain v. United States · United States v. Leon · United States v. Bess · Angel v. Overberg
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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In every case, we consider the degree to which the remarks complained of have a tendency to mislead the jury and to prejudice the accused; whether they were isolated or extensive; whether they were deliberately or accidently placed before the jury, and the strength of the competent proofs introduced to establish the guilt of the accused.”
2 later decisions quote this exact passage · from the majority“[m]ore commonly, however, the complained-of conduct will not rise to reversible error, notably if it is not flagrant, where proof of guilt is overwhelming, where counsel does not object and/or where the trial judge ... admonishes the jury.”
2 later decisions quote this exact passage · from the majority“prosecuting attorney seriously exceeded the bounds of permissible argument by repeatedly calling the [defendant] a liar instead of just reviewing the evidence which detailed the inconsistencies in his statements ...”
2 later decisions 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.